KQAZ13579 Posted March 22, 2012 Report Share Posted March 22, 2012 Question: If a judgment was granted in Justice court but law firm was unable to execute on it due to a garnishment already in place. Can a new law firm submit substitution of council to superior court with a new docket number and garnish now that the other one has completed? It is a Citibank/ Citifinancial account and I have seen them in the past move an account from law firm to law firm and in the interim file a 1099c with the IRS. The account is still not over 10k so why would it be refiled in Superior court?Also the new law firm sent a 30 day letter but included that it sent a copy to judgment/debtor workplace so the garnishment has started with nary an opportunity to contest. Chalk this up to bad timing or ask court to revisit? Link to comment Share on other sites More sharing options...
KQAZ13579 Posted March 22, 2012 Author Report Share Posted March 22, 2012 My apologies for the remedial post. Turns out that the reason for re-file in Superior Court is to obtain a lien of property and this does include a new case number. Property Lien can only be filed within the Superior Court. Link to comment Share on other sites More sharing options...
TomnTex Posted March 22, 2012 Report Share Posted March 22, 2012 If I understand correctly, if they send you a 1099-C, they are not suppose to collect any further on the debt. That's what I've been told........... Link to comment Share on other sites More sharing options...
1stStep Posted March 23, 2012 Report Share Posted March 23, 2012 (edited) ^^Read Amtrust Bank v. Fossett [No. 1 CA-C 08-0840 (Ariz. App. Dec. 15, 2009) ] the court ruled that the effect of the issuance of a 1099 upon a lenders ability to sue a borrower for a loan deficiency has not been decided...If the case is still alive, I'd expect an appeal at some point to the state supreme court... Edited March 23, 2012 by 1stStep Link to comment Share on other sites More sharing options...
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