Can an old judgement be re-opened?

[kkcia]

I have a judgement on my CR since June 2000. Here I am thinking that in June of 2007 this thing is going to fall off and my credit repair quest will be made a little easier. Last week I received a letter regarding this debt from a different collection agency stating they were going to file a judgement against me if I did not respond within 30 days?? Is this possible?

The judgement is in Connecticut and I now live in Florida. I do not know if that makes a difference, just thought I would give that information.

[montanatim]

I think a judgment can be "refreshed" in a sense. I think also that the party issued the judgment would have to go to court to do it. You said this notice was from another CA. Did I read right and it's a different CA? This may complicate things for the CA.

Assigning a judgment to a third party....haven't studied this angle. Hopefully someone who does know will jump in.

Failing anymore responses, most attorneys will give a consultation (first visit) for free. That may be a way to go.

[kkcia]

Yes. Totally new Collection Agency. My guess is because first one was done in CT where I lived previously and now I live in Florida. I am sure they want to file it here in the county where I live.

You said a judgement can be refreshed. What does that mean?

To be honest, 7 years ago when this thing happened I was not informed that a judgement was being filed. I found out after the fact. Now that I am trying to increase my credit score I was just hoping it would fall off in June and I would not have to dispute or file a motion to discharge it. I also do not want to re-open anything if it is going to just come off after the 7 years.

Thank you for your response.

[flacorps]

Tell us how long you have lived in Florida.

[kkcia]

Moved here June 2004. I did not "officially" become a resident until February 2005. By officially, I mean get a DL and register my car.

Should that matter?

[kevin3344]

This is what I think is happening...they either know about the judgment -OR- they are simply trying to collect on the same debt. Either way, you treat every CA just like any other, and DV them. They will have to get a copy of the debt or the judgment. If the letter says "if you dispute the validity of this debt" then send a DV.

Now, if they get a copy of the judgment, that means they are attempting to domesticate/transfer it to your state. You might know that most states honor judgments from any other state. What you might not know is that most DON'T honor those won by default, in other words where you did not or could not appear. If you raise this as a ground for non-recognition usually the court will not allow it. Of course you should answer any summons...look up the statutes for your state but most are the same. Do a search for something like 'non-recognition of foreign judgment'.

If they don't know about the judgment, and are simply threatening you, send a DV anyway and let them know the current SOL for your state. DON'T mention the outstanding judgment in another state. Let me send you proof of this debt just like any other debt.

I think the judgment will fall off in June and the DV will take care of this CA. But first things first, get the results of your DV back and let us know what it says.

________

GinaLynn live

Edited September 9, 2011 by kevin3344

[flacorps]

They've got five years to domesticate:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0095/SEC11.HTM&Title=->2006->Ch0095->Section%2011#0095.11

[kkcia]

They have 5 years from the time I became a resident? That sucks. I received only a letter NOT a summons. Standard form letter. The judgement is from First Select Corp. I did a search for them on the internet and I come up with nothing. I am not even sure what it is for. Maybe a Discover Card (?).

Anyway, I never disputed or showed up in court the original time. I never was notified until after the fact. I will let you all know what is going on when more info comes to me.

Thank you all so much. I have so many other questions regarding other messes I have gotten myself into. I will save those for another time.

[kevin3344]

kk, as I mentioned they can only domesticate IF you showed up. You didn't. If you receive a notice that they are attempting to transfer this (a summons probably), you simply enter grounds for non-recognition and they LOSE.

But we're only talking about a CA form letter here. DV first, then let's see what they do next.

________

Sick From Zoloft

Edited September 9, 2011 by kevin3344

[kkcia]

Thank you Kevin!!!

So, I will not really worry too much about it since I did not show up originally. I was pregnant, good excuse, right? Anyway, if they do not have a leg to stand on that is great news. I will DV them and see what they come up with. My guess in nothing.

[flacorps]

They have 5 years from the time I became a resident?

The statute doesn't say. It is Section 95.11 (not 95.011) in case you wanted to pull it up on the state's site (the link I gave doesn't seem to work when you piece it back together).

How do you find out what courts have done? You can look at a set of books called "Florida Statutes Annotated" that collects blurbs about every case that has interpreted a particular statute section. Or you can use Lexis or Westlaw to find the same info.

Also, I'd be careful trying to take what Kevin says to the bank in Florida. I haven't checked, but there doesn't seem to be anything in the statute that would restrict the use of default judgments, and the caselaw is probably not going to do that unless there is statutory authority for it.

Finally, the limitations period is for actions on judgments. The judgment can be domesticated if it's still good in the original state even after five years, you just can't file an "action" on it. There are things that can be done to enforce judgments that aren't technically "actions", they're "executions" ... it's the difference between trapping and hunting. They can't take the easy way out and trap anymore, but they can still hunt...

See the last line before the footnotes in this article (The Life of a Money Judgment in Florida Is Limited—For Only Some Purposes

by Richard H.W. Maloy and Cynthia Lynne):

http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/76d28aa8f2ee03e185256aa9005d8d9a/079d4a7ab47ebb2b85257029006f2e54?OpenDocument

[kkcia]

Thanks flacorps! I appreciate all your knowledge and help

[flacorps]

They've got five years to domesticate:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0095/SEC11.HTM&Title=->2006->Ch0095->Section%2011#0095.11

Just noticed my language is sloppy. They've got five years to file any action on a foreign judgment.

Domestication of the judgment may not be an "action" so they may be able to do it so long as the underlying judgment is unexpired and otherwise still valid in the state where it was originally rendered.