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Oklahoma Judgment 10 years ago - Kick the sleeping dog?


TenBucksBroke
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Hi everyone! 

 

Like most others here I'm a stone-cold idiot when it comes to legal stuff. I'm a backwoods country boy with a bright red neck :)

 

Anyway, I wasn't served 10 years ago when all this went down but I do have a judgment against me and it looks like it went through the court according to the online records. I wouldn't have known about the judgment at all except for a problem with our mortgage and during the process this tiny JDB popped up as a judgment.

 

At this point I'm wondering if I should kick the sleeping dog. This thing apparently started as a $4000 debt but now has blossomed to almost $20000 with interest (what?!?!) and renewing stuff. It hasn't really affected me yet, but the fear is that it will once it reaches the same amount as my house equity when I go to move next time.

 

I don't know what the debt was for, the JDB doesn't say, but I assume it's either a bad CC debt or a repo'd vehicle from my ex.

 

Assuming I should kick the dog so it's not hanging over me, I will start by getting the paperwork on the case from the courthouse (requires a trip) and seeing what, if anything, they have to prove their ownership of the debt.

 

What do you guys think? I got about $1000 I can spend if it gets to costin money.

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@TenBucksBroke

 

§12-735.  Must be issued within five years or judgment becomes unenforceable - Inapplicable to municipalities or child support judgments.

A.  A judgment shall become unenforceable and of no effect if, within five (5) years after the date of filing of any judgment that now is or may hereafter be filed in any court of record in this state:
1.  Execution is not issued by the court clerk and filed with the county clerk as provided in Section 759 of this title;
2.  A notice of renewal of judgment substantially in the form prescribed by the Administrative Director of the Courts is not filed with the court clerk;
3.  A garnishment summons is not issued by the court clerk; or
4.  A certified copy of a notice of income assignment is not sent to a payor of the judgment debtor.
B.  A judgment shall become unenforceable and of no effect if more than five (5) years have passed from the date of:
1.  The last execution on the judgment was filed with the county clerk;
2.  The last notice of renewal of judgment was filed with the court clerk;
3.  The last garnishment summons was issued; or
4.  The sending of a certified copy of a notice of income assignment to a payor of the judgment debtor.

 

 

What the above does not say is how many times it can be renewed.  The first thing I would do is go to the courthouse and look in the file.  That way you'll know the details of the judgment.  Then you'd want to find out if it was renewed after 5 years and how many times it can be renewed.
 

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Thanks BV80. It has been renewed twice so far, one very recently, probably because of the mortgage issue Id guess. I don't think there's a limit on the number of renewals that they can do in Oklahoma according to the law as I read it (upside down and backwards, through pipe smoke) and the county clerk said they don't know that any limit on the renewal count is specified.

 

I'll head down there in a few days and get the court papers and see at least what color animal I'm dealing with. Anything in particular I should keep an eye out for? I expect It'll be like reading russian so I'll have to take it a bite at a time.

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@TenBucksBroke

 

Make sure that you're the correct defendant.  It's possible that there might be someone out there with a name similar to yours. 

 

If you were the correct defendant, make sure the debt is one for which you could be held responsible.

 

Look for a certificate of service that shows how you were allegedly served the original summons and complaint.   However, if you were the correct defendant, even if you weren't properly served, I'm not sure you could do anything about now considering that it's been 10 years since the judgment was awarded.

 

Does OK allow for garnishment of wages?  If so, were your wages ever garnished?

 

Your best bet might be to take it to a consumer attorney to see if you have any recourse.  Contact NACA to see if there's a consumer attorney in your area.

 

http://www.naca.net

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I'll look for that service certificate. I don't make wages so garnishment never came up.

 

I'm sure it's me that they're naming because of the details in the case, but it doesnt say online who the creditor was originally. I have some lawyers that showed up in the naca.net search but theyre not exactly superstars when I look up their cases on the website. Looks like they lose quite a few cases.

 

I just need to get my fingers around those case files and I'll be in better shape with more answers.

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