Sammy6150

Asset please help

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Hi. Thx for the help..I have a 9 yr old Judgement  from asset 2012..they tried to garnishment  my pay in 2013 but i stop it .now I get a lellter from Midland  saying I owe them the money. Asset sold to Midland  in 2013. How do I know my debt was  included  in the sale . I was  never served papers.  Can I get judgement  void because  asset is out of business.  Do I dv midland...help me please.  Sam

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On 5/20/2020 at 10:01 AM, Sammy6150 said:

I have a 9 yr old Judgement  from asset 2012.

What state did you live in when this judgment was awarded? How much is it for?

On 5/20/2020 at 10:01 AM, Sammy6150 said:

they tried to garnishment  my pay in 2013 but i stop it

How did you stop it?

Was this garnishment attempt in 2013 the first you learned Asset had gotten this judgment against you in 2012?

On 5/20/2020 at 10:01 AM, Sammy6150 said:

Asset sold to Midland  in 2013. How do I know my debt was  included  in the sale .

In June 2013, Midland's parent company, Encore Capital Group, acquired Asset Acceptance Capital Corp., including all operating subsidiaries and their portfolios. Midland did not purchase your judgment debt in a portfolio sale from Asset. Midland's parent company bought Asset. 

On 5/20/2020 at 10:01 AM, Sammy6150 said:

I was  never served papers.  Can I get judgement  void because  asset is out of business.

I am not an attorney. Here is an article from a Florida attorney that explains the difference between a void vs voidable judgment. 

https://www.amcclurelaw.com/void-vs-voidable-final-judgments-in-florida

 

You should consult with an attorney on this matter. Please read your current Florida statutes Chapter 55 on judgments: 

CHAPTER 55 JUDGMENTS

55.081 Statute of limitations, lien of judgment.—Subject to the provisions of s. 55.10, no judgment, order, or decree of any court shall be a lien upon real or personal property within the state after the expiration of 20 years from the date of the entry of such judgment, order, or decree.
History.—s. 1, ch. 29954, 1955; s. 9, ch. 67-254; s. 1, ch. 87-67.

55.10 Judgments, orders, and decrees; lien of all, generally; extension of liens; transfer of liens to other security.—
(1) A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordation, provided that the judgment, order, or decree contains the address of the person who has a lien as a result of such judgment, order, or decree or a separate affidavit is recorded simultaneously with the judgment, order, or decree stating the address of the person who has a lien as a result of such judgment, order, or decree. A judgment, order, or decree does not become a lien on real property unless the address of the person who has a lien as a result of such judgment, order, or decree is contained in the judgment, order, or decree or an affidavit with such address is simultaneously recorded with the judgment, order, or decree. If the certified copy was first recorded in a county in accordance with this subsection between July 1, 1987, and June 30, 1994, then the judgment, order, or decree shall be a lien in that county for an initial period of 7 years from the date of the recording. If the certified copy is first recorded in accordance with this subsection on or after July 1, 1994, then the judgment, order, or decree shall be a lien in that county for an initial period of 10 years from the date of the recording.
(2) The lien provided for in subsection (1) or an extension of that lien as provided by this subsection may be extended for an additional period of 10 years, subject to the limitation in subsection (3), by rerecording a certified copy of the judgment, order, or decree prior to the expiration of the lien or the expiration of the extended lien and by simultaneously recording an affidavit with the current address of the person who has a lien as a result of the judgment, order, or decree. The extension shall be effective from the date the certified copy of the judgment, order, or decree is rerecorded. The lien or extended lien will not be extended unless the affidavit with the current address is simultaneously recorded.
(3) In no event shall the lien upon real property created by this section be extended beyond the period provided for in s. 55.081 or beyond the point at which the lien is satisfied, whichever occurs first.
(4) This act shall apply to all judgments, orders, and decrees of record which constitute a lien on real property; except that any judgment, order, or decree recorded prior to July 1, 1987, shall remain a lien on real property until the period provided for in s. 55.081 expires or until the lien is satisfied, whichever occurs first.
(5) Any lien claimed under this section may be transferred, by any person having an interest in the real property upon which the lien is imposed or the contract under which the lien is claimed, from such real property to other security by either depositing in the clerk’s office a sum of money or filing in the clerk’s office a bond executed as surety by a surety insurer licensed to do business in this state. Such deposit or bond shall be in an amount equal to the amount demanded in such claim of lien plus interest thereon at the legal rate for 3 years plus $500 to apply on any court costs which may be taxed in any proceeding to enforce said lien. Such deposit or bond shall be conditioned to pay any judgment, order, or decree which may be rendered for the satisfaction of the lien for which such claim of lien was recorded and costs plus $500 for court costs. Upon such deposit being made or such bond being filed, the clerk shall make and record a certificate showing the transfer of the lien from the real property to the security and mail a copy thereof by registered or certified mail to the lienor named in the claim of lien so transferred, at the address stated therein. Upon the filing of the certificate of transfer, the real property shall thereupon be released from the lien claimed, and such lien shall be transferred to said security. The clerk shall be entitled to a service charge of up to $15 for making and serving the certificate. If the transaction involves the transfer of multiple liens, an additional service charge of up to $7.50 for each additional lien shall be charged. Any number of liens may be transferred to one such security.
(6) Any excess of the security over the aggregate amount of any judgments, orders, or decrees rendered, plus costs actually taxed, shall be repaid to the party filing the security or his or her successor in interest. Any deposit of money shall be considered as paid into court and shall be subject to the provisions of law relative to payments of money into court and the disposition of these payments.
(7) Any party having an interest in such security or the property from which the lien was transferred may at any time, and any number of times, file a complaint in chancery in the circuit court of the county where such security is deposited for an order:
(a) To require additional security;
(b) To require reduction of security;
(c) To require change or substitution of sureties;
(d) To require payment or discharge thereof; or
(e) Relating to any other matter affecting said security.
History.—s. 1, ch. 10166, 1925; s. 1, ch. 14749, 1931; ss. 1-3, ch. 17998, 1937; s. 2, ch. 19270, 1939; CGL 1940 Supp. 4865(3); s. 9, ch. 67-254; s. 1, ch. 71-56; s. 1, ch. 77-462; s. 2, ch. 87-67; s. 7, ch. 87-145; s. 12, ch. 91-45; s. 10, ch. 93-250; s. 15, ch. 94-348; s. 1357, ch. 95-147; s. 7, ch. 2000-258; s. 1, ch. 2001-130; s. 68, ch. 2003-402; s. 47, ch. 2004-265.
 

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