Frazerblu

Old debt resurfaced

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In 2001 I had a judgement against me in az.  Az laws say they have 5 years to renew.  In 2008 a south Dakota law firm got a renewal in Arizona.  And is now coming after me via property seizure.  How  do I go about fighting the illegal renewal in Az.

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Yes they do, what they did was file for a renewal in a az court in 2008. Once it was granted they immediately filed it in South Dakota the same day....but the renewal in az should not have been granted cause it was beyond the five years from what I've read.  What I'm not sure about is south Dakota has a ten year statute on foreign debt.  That shouldn't matter tho since it was renewed in az outside of 5 years right?

 

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I would file a motion in the AZ court to vacate the renewed judgment and when that is granted, use that as grounds to move the SD court to vacate the judgment there. 

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This gets even better for me.  Sat down with a south dakota attorney,  turns out they were just using the Uniform Enforcement of Foreign Judgments Act to collect.  Called Arizona clerk of courts to verify if it had been refreshed.  It had not, so they are mailing me certified copies that the debt judgement was deemed invalid due to sol in AZ, so all collections they have done in south dakota after 2006 were also illegal and if i chose i can file a counter suit for damages.  I should be able to just use the AZ document to vacate anything done in South Dakota.

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