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Can you sue for prior judgements?


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I received a letter from an attorney indicating I being sued for a existing judgement that was awarded in another state. I live in North Carolina. The judgement was awarded in Miami, FL. I being sued in Fairfax, VA. for this Florida Judgement. First, I did not know anything about a lawsuit being brought against in Miami, FL. The jugdement documents indicates I owe $2500.00 + interest until paid. I do not recall bowworing this amount of money for anything of this amount. I went to court and explained to the judge that I do not owe this money to the planiff as I don't know what the money was for. The planiff says a judgement was award in the favor in 1995. A trial hearing is set for jan 27 with a response from me on Jan 3 for a reason why I feel I do not owe this amount. I requested a motion to move the case back to florida where the orignal lawsuit occur, but denied.

1. The company I work for is in VA, But I live in NC, why am I being sued in VA.

2. How can I be sued in another state (Virginia) If not a legal resident of that state?

3 How can I be sued in another state (VA) if the original judgment was award already in another state (FL)

4. How can I be sued again for a jugment apparently I already owe?

5. I never received any summons for this claim from the original judgment. How do I vacate this jugment?

6. none of the documents I received does not explain what the money is for.

7 The florida judgment was awarded in 1995 in FL, can they still persue this judgement after being this old?

8. Do this attorney have a case?

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Actually, any judgment filed in FL before 2001 would have to be RE_FILED there because of the change in the FL laws recently.

What seems to be happening here is that they got the judgment in 1995, and they are MOVING it now to VA. That's your ticket right there - you do not LIVE in VA so the venue for the domestication of this judgment is completely WRONG. They cannot enforce a VA judgment on a NC resident any more than they can enforce the FL judgment !

1 - Perhaps that is the only contact address they have for you ? In any case, the Venue is WRONG.

2 - They can sue you anywhere, that doesn't make it right... and in this case its NOT.

3 - Its not a NEW lawsuit, sounds like they are MOVING (domesitcating) the judgment to VA from FL, which, if you were a resident of VA, would be perfectly legal. They cannot enforce a FL judgment in any other state, so they will move the judgment to where they CAN enforce it.

4 - Again, its not a new lawsuit, they are moving the FL judgment.

5 - Its probably too late, but what you NEED to do is call the courthouse in FL where the judgment was filed and get a copy of the case file. Find out EXACTLY what it was all for and how, when, where, and to whom the original summons was served.

6 - See answer #5

7 - Yes. they can. Judgments are renewable, and FL's are good for 7 years then are renewable. You need to find out if the judgment WAS renewed in 2002 - but you also need to check on that FL law that went into effect in 2001 forcing re-filing of any old judgments.

8 - Most likely, yes. BUT, you need to argue that it be dismissed for improper Venue - you do not LIVE in VA !

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"7 - Yes. they can. Judgments are renewable, and FL's are good for 7 years then are renewable. You need to find out if the judgment WAS renewed in 2002 - but you also need to check on that FL law that went into effect in 2001 forcing re-filing of any old judgments. "

Case Number (LOCAL): 1995-3238-SP-23 Filing Date: 3/8/1995

Case Number (STATE): 13-1995-SC-003238-0000-23 Dockets Retrieved: 8

Judicial Section: 01

Date Book/Page Docket Entry Comments

03/29/98 CASE ELIGIBLE FOR DESTRUCTION : 03/29/1998

04/25/95 16763 / 2846 FINAL JUDGMENT N $ 0.00 BK:16763 PG:2846 DN01

04/24/95 AFFIDAVIT OF INDEBTEDNESS

04/24/95 NON-MILITARY AFFIDAVIT

03/17/95 SERVICE RETURNED BADGE # 1 S 03/15/1995 DN01

03/08/95 NON-MILITARY AFFIDAVIT

03/08/95 SP PRETRIAL NEW DATE 04/05/1995 AT 09:00 AM

03/08/95 STATEMENT OF CLAIM $ 2500.00

Looking at the records I found online, it does not look like as if they refiled. If they didn't refile, what happens to the judgement?

I was also looking at virginia law and it seems as they CAN sue me in viriginia because I work there. Maybe I'm just reading it wrong?

Virginia Code 8.01-328.1(a)---Transacting any business in the Commonwealth

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The FDCPA states that you must be sued in the county you RESIDE IN.. where you live not work.. or where you signed the contract.. well obviously it wasnt VA.

IMMEDIATELY FILE FDCPA Violations against the attorney and I would start looking for a lawyer on this one.. you might have some big claims against them for this.

And start boning up on your venue issues in the Va rules of procedure. Just because you work there doesnt mean you can be sued there.

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IT doesn't appear from what you listed that the FL judgement was even renewed in 2002 as it should have been even w/o the law change in 2001 ! If the judgment was not renewed, then it goes dead. You need to call the courthouse and be sure of what the status of it really is. If the judgment in FL has lapsed and died, there is no way they can move it to another state, its no longer valid.

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I understand they are filing a judgment in the wrong venue, but I also want to nail them to the cross. I look throughout the florida statue of limitation and FDCRA and don't see any requirement about re-filing of old judgment and right to sue me in the wrong state. I only beg for your understanding and I would be very grateful for your help in locating the reference.

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Even someone acting to collect on a judgment MUST adhere to the FDCPA. Per the FDCPA, you can ONLY be sued in the state where the agreement was entered into OR the state you RESIDE in. Given that, they cannot use VA at all.

Judgments in FL are ONLY good for 7 years. That means a 1995 judgment would have to have been renewed in 2002 BEFORE the 1st 7 year period expired. It does not APPEAR that this judgment was RENEWED in 2002, that is why you must find out if it was or was not renewed. If it was NOT renewed, then it should be dead, uncollectable and unenforceable.

If it was renewed, then you have to fight them on venue.

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The 2004 Florida Statutes

Title VI

CIVIL PRACTICE AND PROCEDURE Chapter 55

JUDGMENTS View Entire Chapter

55.10 Judgments, orders, and decrees; lien of all, generally; extension of liens; transfer of liens to other security.--

(1) A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordation, provided that the judgment, order, or decree contains the address of the person who has a lien as a result of such judgment, order, or decree or a separate affidavit is recorded simultaneously with the judgment, order, or decree stating the address of the person who has a lien as a result of such judgment, order, or decree. A judgment, order, or decree does not become a lien on real property unless the address of the person who has a lien as a result of such judgment, order, or decree is contained in the judgment, order, or decree or an affidavit with such address is simultaneously recorded with the judgment, order, or decree. If the certified copy was first recorded in a county in accordance with this subsection between July 1, 1987, and June 30, 1994, then the judgment, order, or decree shall be a lien in that county for an initial period of 7 years from the date of the recording. If the certified copy is first recorded in accordance with this subsection on or after July 1, 1994, then the judgment, order, or decree shall be a lien in that county for an initial period of 10 years from the date of the recording.

(2) The lien provided for in subsection (1) or an extension of that lien as provided by this subsection may be extended for an additional period of 10 years, subject to the limitation in subsection (3), by rerecording a certified copy of the judgment, order, or decree prior to the expiration of the lien or the expiration of the extended lien and by simultaneously recording an affidavit with the current address of the person who has a lien as a result of the judgment, order, or decree. The extension shall be effective from the date the certified copy of the judgment, order, or decree is rerecorded. The lien or extended lien will not be extended unless the affidavit with the current address is simultaneously recorded.

(3) In no event shall the lien upon real property created by this section be extended beyond the period provided for in s. 55.081 or beyond the point at which the lien is satisfied, whichever occurs first.

(4) This act shall apply to all judgments, orders, and decrees of record which constitute a lien on real property; except that any judgment, order, or decree recorded prior to July 1, 1987, shall remain a lien on real property until the period provided for in s. 55.081 expires or until the lien is satisfied, whichever occurs first.

(5) Any lien claimed under this section may be transferred, by any person having an interest in the real property upon which the lien is imposed or the contract under which the lien is claimed, from such real property to other security by either depositing in the clerk's office a sum of money or filing in the clerk's office a bond executed as surety by a surety insurer licensed to do business in this state. Such deposit or bond shall be in an amount equal to the amount demanded in such claim of lien plus interest thereon at the legal rate for 3 years plus $500 to apply on any court costs which may be taxed in any proceeding to enforce said lien. Such deposit or bond shall be conditioned to pay any judgment, order, or decree which may be rendered for the satisfaction of the lien for which such claim of lien was recorded and costs plus $500 for court costs. Upon such deposit being made or such bond being filed, the clerk shall make and record a certificate showing the transfer of the lien from the real property to the security and mail a copy thereof by registered or certified mail to the lienor named in the claim of lien so transferred, at the address stated therein. Upon the filing of the certificate of transfer, the real property shall thereupon be released from the lien claimed, and such lien shall be transferred to said security. The clerk shall be entitled to a service charge of up to $15 for making and serving the certificate. If the transaction involves the transfer of multiple liens, an additional service charge of up to $7.50 for each additional lien shall be charged. Any number of liens may be transferred to one such security.

(6) Any excess of the security over the aggregate amount of any judgments, orders, or decrees rendered, plus costs actually taxed, shall be repaid to the party filing the security or his or her successor in interest. Any deposit of money shall be considered as paid into court and shall be subject to the provisions of law relative to payments of money into court and the disposition of these payments.

(7) Any party having an interest in such security or the property from which the lien was transferred may at any time, and any number of times, file a complaint in chancery in the circuit court of the county where such security is deposited for an order:

(a) To require additional security;

(B) To require reduction of security;

© To require change or substitution of sureties;

(d) To require payment or discharge thereof; or

(e) Relating to any other matter affecting said security.

It seems, in bold, the statue of limitation allows them 10yrs before they have to renew. Also, the code of virginia states they can sue me, because

I work in that state, so my attorney says.

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General District Court

County of Fairfax

XXXXXXXX, Case No: xxxxxx

Plaintiff Answer, Affirmative Defense

Vs

XXXXXXXXX,

Defendant

I. ANSWER

Defendant answer the complaint as follows:

1. The Defendant is, at this time, without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein. On this basis, the defendant, generally and specifically, denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

II. AFFIRMATIVE DEFENSES

Defendant’s other defenses are:

1. Defendant was not properly served in accordance with Florida Statute of Limitation.

2. No written, verbal, oral contractual agreement exists between Plaintiff and Defendant.

III. Counterclaims

1. The Defendant requests that this lawsuit be dismissed.

DATED this ____ day of _______________, 20___.

___________________________

(signature)

I'm getting ready to file my answer. Any opinions, advise, suggestion would be greatly appreciated. I chose not to defend wrong venue because Virginia code states they can file a lawsuit if I am transacting any business in the commenwealth of virgina.

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That FL statute refers to a LIEN, so yes, a LIEN is good for 10 years, but the judgment may not be, especially if it has not been CERTFIED and recorded as such. You really NEED to call the court and find out.

I still think this move in VA is wrong, the FEDERAL law doesn't allow for it. There is the issue of personal jurisdiction.. does working in VA give the state personal jurisdiction over a non-resident ??? Ask that question.

You might also consider contacting this lawyer:

Florida and N.C. Licensed consumer attorney-"The Avenger"

Chris Livingston

5440 Atlantic Springs Rd

Raleigh, NC 27616

(919) 876-8001

email: chrisatty@hotmail.com

It just happens that he's licensed in FL AND NC and certainly CAN answer the question about this FL judgment against a NC resident.

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First of all listen to LadyNRed. They can only sue you where you live or where the contract was signed. It appears you aren't "experienced" at reading statutes. Virginia does not have jurisdiction over you and they cannot determine where you can be sued. Secondly, "transacting business" generally applies to businesses which use interstate means of commerce. In other words if a business is located in North Dakota, and solicites you in SD, then they are transacting business in the state.

Do not let Virginia have venue. It is 100% the wrong forum.

Also, looking at the reprint of the judgment, it appears to be dead, and up for destruction. You should be able to have it completely expunged (removed). Work on that, and fight the venue to buy you time to get it done. There should be no trace of a judgment by the time they figure out where they were "supposed to" sue you.

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§ 8.01-328.1. When personal jurisdiction over person may be exercised.

A. A court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a cause of action arising from the person's:

1. Transacting any business in this Commonwealth;

The cause of action has to arise from the business that you do in the state. So, for example, you go to work, and you steal something. Then Virginia has jurisdiction because the cause of action relates to the business that you do in VA. But in this case, VA has absolutely no venue.

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I am heart-filled appreciated everyone helping me and guiding me in this venture. It has been very stressfull to say the least. I do plan to go to florida today to pull the file. that way its gives me move evidence to throw this out of court. I also planned to fight the venue as well. I will keep you post on everything that happens. My answer is due jan 3 and trial is set for jan 27. Again, I am really thankfull for you patience and understanding, help and guidance.

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General District Court

County of Fairfax

XXXXXXXX, Case No: xxxxxx

Plaintiff Answer, Affirmative Defense

Vs

XXXXXXXXX,

Defendant

Comes now, Defendant xxxx in answer to Plaintiff's complaint:

I. ANSWER

1. Plaintiff admits to having a debt with xxxxx.

2. Plaintiff further admits to having been sued on the debt in Florida, County of xxxxxxxx, said case no. being xxxxxxxxx on xx-xx-1995.

II. AFFIRMATIVE DEFENSES

Defendant’s affirmative defenses are:

3. Res ajudicata: Plaintiff's complaint and all claims are hereby barred due to being previously adjucated by the court as mentioned in paragraph 2 of the complaint.

4. Statute of limitations: Plaintiff's complaint is barred by the statute of limitations. Upon information and belief, pursuant to Florida statute XXXXXXXX, said judgment has expired on xx-xx-xxxx and not been renewed. Pursuant to VA statute xxxxxx, plaintiffs claims are also barred.

5. Improper venue/jurisdiction: Plaintiff's action is not filed in the correct venue/jurisdiction. The Fair Debt Collection Practices Act xxxx sets forth jurisdictional requirements upon legal actions for debt collectors. The Plaintiff, pursuant to xxxx of the FDCPA is considered a debt collecter by Federal law. In addition, Plaintiff is neither a resident of the state VA, nor were any agreements entered into with the plaintiff in the state of VA.

Wherefore,

1. The Defendant requests that this lawsuit be dismissed in its entirety with prejudice.

2. The Plaintiff and Plaintiff's attorney be sanctioned for filing a frivolous lawsuit.

DATED this ____ day of _______________, 20___.

___________________________

(signature)

I'm getting ready to file my answer. Any opinions, advise, suggestion would be greatly appreciated. I chose not to defend wrong venue because Virginia code states they can file a lawsuit if I am transacting any business in the commenwealth of virgina.

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General District Court

County of Fairfax

Fleet Finance, Case No: xxxxxx

Plaintiff Answer, Affirmative Defense

Vs

xxxxxxxxxx

Defendant

I. ANSWER

Defendant answer the complaint as follows:

1.The Defendant is, at this time, without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein. On this basis, the defendant, generally and specifically, denies the allegation contained therein, and leaves the Plaintiff to provide proof.

II. AFFIRMATIVE DEFENSES

Defendant other defenses are:

1.Statue of Limitation: Defendant was not properly served in accordance with the Florida Statue of Limitation.

2.Valid Contractual agreement: Defendant is, at this time, without knowledge of any written, verbal, oral contractual agreement between Plaintiff and Defendant.

3.Improper venue/jurisdiction: Plaintiff's action is not filed in the correct venue/jurisdiction. The Fair Debt Collection Practices Act § 811 sets forth jurisdictional requirements upon legal actions for debt collectors. The Plaintiff, pursuant to § 811of the FDCPA, is considered a debt collector by Federal law.

III. Counterclaims

1.The Defendant requests that this lawsuit be dismissed in its entirety with prejudice.

2.False or misleading representation: The Plaintiff, in pursuant to § 807 of the FDCPA, is using false, deceptive, and misleading representation in connection with the collection of this debt.

3.The Plaintiff, pursuant to § 811of the FDCPA, is executing an illegal action on a debt against the defendant.

4.Therefore, the Defendant request statutory and punitive damages in pursuant of FDCPA and any Virginia punitive damages where applicable.

DATED this ____ day of _______________, 20___.

I went to the courthouse in Florida, and the clerk informed me the records were destroyed in 1998. So, there are no records of the case. It seems they have to show proof i was legally served in Florida, which they have not. Also, they have to show a valid signed contract, which they have not. Also, if they have no records, couldn't that be construde as FRAUD?

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If this judgment was dead in the water and the attorney knew it (if her did, he violated your rights and the laws willfully; if he didn't he was negligent-either way, you've got him in your crosshairs), then you have him for that in a cross complaint or a new suit. I mean, this is only $2500 anyway, and most likely you can get this expunged). You're in a state (NC) that has kick @$$ consumer laws. Each violation is $2000. Do what LIR has advised. When you go to Florida, make sure to get a copy of whatever paperwork says that this judgment was not renewed. Oh, and make sure that you move for sanctions against the attorney and send all of this information to the bar association for each state that they are admitted to.

***TAKE ALL PERSONAL INFORMATION OFF OF THESE POSTS IMMEDIATELY. CA'S LURK HERE AND ON OTHER BOARDS.***

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