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expired judgement

Date: Thu, 05/14/2009 - 12:43

Submitted by fr8slady
on Thu, 05/14/2009 - 12:43

Posts: 13 Credits: [Donate]

Total Replies: 10


How else can i find if a collector renewd a judgement. so far all records appear to be NOT. it was given judgement in 5/8/03 for an old cc (cap one) debt i was ill and could not make that court date so they got default judgement the of course bloomed in the amount. now 5/12 i receive a new paper from court on the non-wage garnishment and exemption form and debtor request for hearing form. i believe i only have 10 days to request hearing but i don't know how long after it has expired that they can renew it or if I can now file that it has expired and they need to leave me alone. I have been unemployed since 2005 and cannot afford any more issues. they're judgement has/had a lien on the mortgage that is held jointly with a boyfriend (i know - dumb too) but it is what it is. I believe sol for judgement in ks is 5yrs.


thank u sassy. I did call courthouse and the clerk says all she has is this latest entry which is what i mentioned above. I have called 4 atty's and none have returned my calls. I don't know if to file this form for debtors request for hearing and the one on the exemptions or not. The clerk said she saw nothing of its renewal so I don't know if to file answer that it is expired or what i should do in this. any help would be appreciated. The clerk says the entry of case terminated was just their own record for something (i guess for microfische, scanning, and paper records destroyed.) so again I don't know how to proceed next.


lrhall41

Submitted by fr8slady on Fri, 05/15/2009 - 10:16

( Posts: 13 | Credits: )


ok i am back from courthouse. got copies, asked questions. There has not been a renewal of judgement, which then should have expired May 2008. If the atty doesn't call back i need to file something monday. do i just file this debtor request for hearing on the non-wage garnishment paper? or do i also file something to vacate the judgement based on sol expired, or what do i file - the court clerk wasn't real helpful in that respect. thanx all!


lrhall41

Submitted by on Fri, 05/15/2009 - 14:02

( Posts: | Credits: )


ok all i have found out that it is renewed :( that exececution on the non-wage garnishment does it. even tho a judgement goes dormant at 5 years, they have 2 years to revive it which is easy for them to do by just filing the execution paper. so now i don't know what to do. I can't pay it off no way. I have about enough saved up to file a bankruptcy but do i want to do that. I guess i could try to settle for that amount if they would (probably not) and if they won't then just go across the hall to the bk attorney and hand them the money to file a bk then the judgement won't get anything right?


lrhall41

Submitted by fr8slady on Mon, 05/18/2009 - 12:07

( Posts: 13 | Credits: )