30045flower

Judgement is Dead, or Is It?

Recommended Posts

Hello.  I have a judgement against me in Georgia dated 1/14/2010.  Yesterday I received a settlement offer letter from the creditor on the debt, but I'm unsure if I should follow-up with them.  From what I've read, creditors have 7 years on a judgement and 3 more years to renew it in Georgia.  So using this as a bases, I presume my judgement to be dead.  However, I also read that the creditors can revive the judgement with a writ of scire facias even after the 10 years. So, what should I do?  Do I contact the creditors about the debt (I'm concerned this will restart my debt timeline)? If I do nothing and wait to see if creditors file a writ of scire facias, can I ask the courts to deny their claim?  How likely am I to win?  Should I get a lawyer and if so, what type of lawyer would help me? 

Share this post


Link to post
Share on other sites

I don't know how much the debt it but if more than $2000, if might be worth $300 - $400 to seek an hour of a consumer attorney to discuss this with you. From what I am reading (and Georgia members my be able to reply better once the long weekend is done), a judgement can only be renewed within 3 years of going dormant. They may be outside that period.

It looks like they would have to file it in the original court that the judgement was entered into and then serve you a copy at your current address (or effect alternative service). You then have the usual 20 days to respond and then there is a trial to determine if the judgement should be revived. It sounds like JDBs are filing the writs after 3 years in hope that defendants ignore the new summons and complaint for the writ and simply default to revival of the judgement. I will also bet that SOL is an affirmative defense for the writ  which you must bring up to the court (in your reply) in order for the court to consider it.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.