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KS MIDLAND JUDGEMENT


stonesh01
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Hello, 

 

I got served with a Motion For Revivor of Dormant Judgement from 2009 today(1.31/2019) in the state of Kansas.  The original judgement  debt was for around $7500 in 2009. Said judgement is dormant and remains unsatisfied in the amount of $14253 now. Plaintiff files for a motion  of Revivor. Court date is 2/28. I did go to the court in 2009 and they tried to garnish me in 2009 but it was unsuccessful. I didn't even know this was still out there. I purchased a new car two years ago with no issues and "good credit". I don't have any other outstanding debt.  I have looked up my case on line and it shows that an affidavit fo renewal of judgement happened in 2013.  The plaintiff is midland funding llc. 

 

I am not sure how to proceed from here. I am in a position that I could offer a lump sum but could not do more than 50%( that is stretching it too). Should I hire an attorney to help fight this? Is bankruptcy the route to go? I don't even know how the amount could double like that. Any insight would be great. 

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Judgments in Kansas are valid for 5 years and can be renewed, apparently, indefinitely. If the 5 years expires, it becomes dormant, and they have 2 years to revive the dormant judgment. This says a motion to revive a dormant judgment shall be granted unless good cause can be shown to the contrary.

https://law.justia.com/codes/kansas/2014/chapter-60/article-24/section-60-2404/

2013 to 2019 is 6 years, and they are within the 2-year window for revival. Unless you can show "good cause" why the court shouldn't grant the motion to revive, you're wasting your time fighting it. 

Quote

I don't even know how the amount could double like that.

Compound interest at 10% doubles the amount every 7.5 years. Search Google for an interest calculator and you'll see how it works. 

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You can definitely try to settle. And you can try making an appearance to fight the revival. You never know, they may not show up. Just be realistic and don't expect a miracle if they do. 

BK is another possible option. Google the chapter 7 means test for your state to get an idea how close you are to qualifying. 

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