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Can Interest be charged on a Judgment after the person dies?


Guest sarahm89
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Guest sarahm89

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

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  • 1 month later...

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?

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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.

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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.

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