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Post Judgment Interest


LissaKay
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In the process of applying for a home equity loan, during the title search, we found out that there is a lien on our home. We obtained a copy of the judgment from the court. The original amount is listed, and a judgment amount, plus court costs and fees. The interest amount is blank.  

We contacted the agency that is collecting the debt, and offered to make payment in full for the awarded amount. They refused to release the lien for that amount, and stated the would only accept an amount roughly three times the amount awarded. They say they've been assessing interest at a rate of 10% per annum. The judgment was awarded in April 2008. My husband does not remember being served, nor notified of the judgment. He was involved in other legal matters at the time, and the service may have come during the flurry of paperwork he was signing.  

So my question is, can the debt collector charge interest when it was not explicitly awarded in the judgment? As far as I have been able to ascertain, Tennessee law does not allow this, interest must be awarded in the judgment, but the debt collectors say they can charge it. Do we have any recourse here? 

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7 minutes ago, LissaKay said:

My husband never got notice of the judgment,

In your first post you stated that 8 years ago he was involved in a "flurry of legal issues" and it is possible he was served and didn't respond.  If that happened they got a default judgment and it will be impossible to set is aside after all this time.  What you need a copy of is the actual decision and service of the suit.  If they used sewer service or he was never served there is a slim chance you can get it vacated after all this time though it may be impossible.  If you don't get it vacated then unfortunately they have the upper hand/leverage in this because they got a lien which means they can stand firm and refuse to settle for less than the full amount.

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