sarahm89 Posted November 18, 2010 Report Share Posted November 18, 2010 A Judgment was granted to the CA because the Defendant was not properly served in order to make it to court on time. The judgment was granted in 2004 and the person died in 2007; can interest still be charged til this very day by the CA Attorney for the Judgment owed? Are their any statues to back this up or case law? Thank you. Sarah Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted November 18, 2010 Report Share Posted November 18, 2010 Yes, interest on the judgment would still accrue even if the debtor was deceased. Link to comment Share on other sites More sharing options...
609dad Posted January 13, 2011 Report Share Posted January 13, 2011 Yes, interest can continue to accrue. However there is a statute of limitations that comes into play. Once a debtor dies, there is a limited time frame for the judgment creditor to make a claim against the debtor's estate. Do you know the SOL in the state? Did the judgment creditor pursue the estate within before the deadline? Link to comment Share on other sites More sharing options...
nascar Posted January 13, 2011 Report Share Posted January 13, 2011 Once a debtor dies, there is a limited time frame for the judgment creditor to make a claim against the debtor's estate.That's a good point. I can't say whether this applies in New Mexico, but generally, once letters are issued, the time to file claims on an estate is six months. Link to comment Share on other sites More sharing options...
cjb3 Posted January 14, 2011 Report Share Posted January 14, 2011 here in NM, probate is done at the county level.probate judges are elected by the people of each county....not the state level.i would search your county website and find out who the probate judge is and just give them a call with your question. Link to comment Share on other sites More sharing options...
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