In my public records I do see that someone took a copy of the old 2000 judgment and simply re-recorded. It doesn't say who re-recorded it. All that it mentions is it's from Providian who is obviously out of business. Shouldn't the attorney's name or whoever filed be listed as well to make it valid? Document Type: (CFJ) Certified Final Judgment Modified Date: Record Date : 10/30/2007 10:59:40 AM Event Date : Not Available From : PROVIDIAN NATIONAL BANK Do you think a letter threatening to report them to the bar for misrepresentation of the legal status of a debt and press civil and criminal charges for impersonating an Inspector might get them to show the judgement as satisfied? BTW what would the document be called that would need to be filed to negate the effect of this judgement? Is it called a Lein Satisfaction or what?
The purpose of re-recording is to get it back on your CRAs in the PR section. That may or may not happen ... the attorney and the court clerk have no control of what Lexis/Nexis, TU/Merchants Assn, and Choicepoint do.
Basically by proving you couldn't have ... you lived at another address, you were out of state at the time, what-have-you.
Being that it was another attorney who filed the original judgment, and based on the age of the judgment I doubt there will be any record of where it was served in the first place. BTW, who do I have to notify that I am trying to vacate this judgement. The lawyer who originally filed it?
Everything you could ever want to see on this will be in the court file if the court file has not yet been destroyed. Go to court and pull the file. If you're trying to vacate the judgment, you file originals with the court and send copies to Marcadis. The court may not accept your new filings ... you may need to file a new action with a new filing fee. YMMV
According to my research (correct me if I'm wrong) in Florida they have 7 years from the date the judgment was certified to extend it. The original judgment was recorded 7/20/07 and was certified on 9/12/07. They re-recorded it on 10/30/07. Looks like they missed the boat. Right?
It's been some years since any 7 year periods appeared in Florida Statutes with respect to judgments. There are websites (run by court clerks even) that still have old time frames listed. The latest revisions give two five year personal property liens, and two 10 year real property liens, and they say nothing about executions. http://www.floridabar.org/DIVCOM/JN...079d4a7ab47ebb2b85257029006f2e54?OpenDocument This article quickly glosses over the notion that the common law one-year expiry of the judgment for executions may be the operant legal notion at this point (footnote 35). IMHO, it shouldn't do that.
That's what they're saying. I say ignorance of the law is no excuse for the creditor or the court system. If you don't use a scire facias every year, it's gonna go dormant. And if you wait 7 years to revive it ... laches should clobber that option. Florida courts are unlikely to agree with what is plainly the law, however ... economic interests are too entrenched to allow their applecarts to be upset.
Doesn't this say they must renew in 7 years? 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. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0055/ch0055.htm
If you read it it says two 10 year terms after mid '94. And those are real property liens. The personal property liens get recorded in Tallahassee (check sunbiz.org). They're good for five years each, and they don't apply to cars (which are the costliest pieces of personal property most people have). You have to seize a car with an execution.
So my take would be that the only reason for recording at 7 year intervals (other than mindless force of habit) would be to keep the judgment showing up on CRA reports ... just wanted to mention that again.
So let me get clear on this. You're saying that a judgment doesn't ever need to be renewed to stay in force in Florida. It's good for 20 years and the holder need do nothing. Correct?
Back to that Investigator... This doesn't fit with how attorneys operate ... it fits more with the mustache petes who are either out of Buffalo, NY or trained by scuzbuckets out of Buffalo. It's some other problem of yours and it's likely well past SOL. That recording is gold. But you gotta find out who called you. If you call and talk to them they won't want to tell you a thing about themselves and they'll just want your checking account info so they can empty it. You need to have a good story about how you don't have a checking account but your sister will issue a check or money order (she won't give them or you her info) to help you out ... you need to know who and where to mail it to. Then sue 'em in federal for the FDCPA violation.
I say you gotta renew it. Courts say you don't, and that it's good for 20 years. But courts are wrong ... it's either good forever or good for one year. It would be good for 20 years if the 1950 version of the statute hadn't been repealed in 1967 and replaced by sloppily-drafted stuff...
The phone number they left for callback as well as the caller ID number is 404-492-7970. The person identified themself as Inspector Donald Bradley. The address of Marcaidis, the attorney is out of Tampa but I can't figure who else it could be.
Yeah, perhaps Claims America out of Snellville, GA ... although they apparently go by other names too.
