soopuhstar

Should I Texas DV a judgment from another state?

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Hi All,

 

I am still working on my credit report and I am wondering what to do about a judgment against me and my husband resulting from a lease dispute in Florida. It appears on both of our credit reports and doesn't show up under public records. It's been placed with National Credit Systems and appears under collections. The date of first delinquency reported is 03/2012 and we've been in Texas for 2 years. Can someone tell me which SOL would apply to this-- Florida or the 4 years in Texas? Can I be sued again for this? I'm just trying to figure out how long they have to collect and how to proceed in getting rid of it.  It is quite a bit of money so I can not afford to pay it all at once. Any help you can offer at all will be greatly appreciated! And please, if you have an answer to a question that I did not ask that would pertain to this, that is welcome as well. Knowledge is power ;-)

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You have been in TX long enough that the TX 4 year SOL should apply. One thing in TX they can not garnish your wages, but can clean out your bank accounts. Clean them out NOW and stop all direct deposits. Are you on SSI or disability of any kind? IF so, then they can not touch that either. If you own a house, make sure you apply for the Homestead exemption if you have not already done so.

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Can someone tell me which SOL would apply to this-- Florida or the 4 years in Texas?

 

This is a judgment that already exists so the FL statute of 20 years to collect would apply since that is where the judgment originates.  Texas has a 10 year SOL on collecting on judgments NOT 4 years.  The 4 year SOL in Texas is for them to sue you not to collect once that has happened.  If the creditor domesticates the judgment in Texas they have at least 10 years to collect on it.

 

Can I be sued again for this? I'm just trying to figure out how long they have to collect and how to proceed in getting rid of it.  It is quite a bit of money so I can not afford to pay it all at once. 

 

You cannot be sued again at a trial but they can sue and immediately file for summary judgment to domesticate the FL one and they could require you to come to court for a debtor's exam to determine what assets you have and your ability to pay is.  

 

The good news is that it is not reporting as a public record as of right now.  Public records are the one thing that can report longer than the statutory 7 years under federal law.  If you want to make sure this goes away permanently once you have 40-60% of the amount owed I would make a full and final settlement offer in writing.  They might just take it.  Make sure to get them to sign a settlement agreement that the amount you are paying is a full settlement of the debt in exchange for removing the collection account trade line and vacating the judgment.  Also they cannot sell the remaining balance as it is disputed.

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@soopuhstar

 

Check TX laws, but I believe that before any action could be taken, the judgment creditor would have to domesticate the judgment to TX.

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@soopuhstar

 

Check TX laws, but I believe that before any action could be taken, the judgment creditor would have to domesticate the judgment to TX.

 

@BV80  that is correct they would have to domesticate the judgment in Texas.  

 

The Texas Uniform Enforcement of Foreign Judgments Act provides for the recognition of judgments from other territories, states and federal courts in the United States.  Such a judgment has the same effect and is subject to the same procedures as a judgment rendered in the state of Texas once properly filed.  The Texas Civil Practice & Remedies Code section 35.003 provides:

 

(a) A copy of a foreign judgment authenticated in accordance with an act of congress or a statute of this state may be filed in the office of the clerk of any court of competent jurisdiction of this state.

(B) The clerk shall treat the foreign judgment in the same manner as a judgment of the court in which the foreign judgment is filed.

© A filed foreign judgment has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, staying, enforcing, or satisfying a judgment as a judgment of the court in which it is filed.

 

The creditor has two ways in Texas to domesticate the judgment and collect.  One is to file it with the clerk and the court notifies the consumer that it is done.  The other is to sue the consumer again and immediately move for summary judgment based on the judgment from another state.  The summary judgment is automatically granted by the court in this case.  

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You have been in TX long enough that the TX 4 year SOL should apply. 

 

No.  Texas treats all judgments from other states with the same laws as the originating state that includes the SOL which for FL on judgments is 20 years.  

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So my best bet in this case is to just raise as much cash as i can for it and hope they take it. At least I have a plan now LOL! Thank you guys, this was really great info!

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