Garnishment on an 8 year old judgement!

Discussion in 'Credit Talk' started by iammagi, Feb 9, 2008.

  1. iammagi

    iammagi Well-Known Member

  2. flacorps

    flacorps Well-Known Member

    OK, what's important to understand here is that you either have one problem with two manifestations (one benign, the other venemous), or two different problems.

    If it's one problem with two manifestations (an unlikely scenario, but possible), then you're in a position to make the whole issue go away if you can tie the two together. Marcadis won't want to be tied to Claims America in any way, shape or form, and if his client is using them or is actually one of them ... he's gonna need to distance himself.

    I have no idea what the real situation is. You might, however, cadge it out of one of the Buffalo Boys...
     
  3. iammagi

    iammagi Well-Known Member

    BTW, I just looked up the case number they are using on the paperwork and I did find it. It was filed back in 01/25/1999 for damages by yet another Attorney for Providian. They are using the same case nuber from 1999. Does that sound kosher?
     
  4. flacorps

    flacorps Well-Known Member


    Once a case gets a number, that number sticks with it for as long as that case is around.
     
  5. Collector2

    Collector2 Active Member

    I think you are right


    Since this person is self-employed, I think the judgment is geared to lien his personal property. The judgment has always been there, and after a time, it will fall of the credit report. I believe that if he tried to seek a property or re-fi his property, then he would have this to pay out of his proceeds.

    The judgment creditor may be gearing up to renew this judgment. So, prepare yourself for the renewal in about 18-20 months.
     
  6. rocket1977

    rocket1977 Well-Known Member

    That burden is satisfied by the certificate of service or service return in the record.
     
  7. iammagi

    iammagi Well-Known Member

    Yes, it is a Writ with BofA as the Garnishee. He must be fishing for my bank based on the credit report he pulled last month. Luckily I don't have an account with BofA. If he eventually hits paydirt does the full amount have to be in the account or can he clean out a partial amount? Will he go after my car?

    BTW in an earlier post I mentioned that the judgment was re-recorded a few months ago but it doesn't mention by who. Is this a legal renewal or just an attempt to ruin my credit? I'm still trying to find out if there's a limit on how long they can wait to renew. It's been over 7 years. Flacorps says there is no limit in Florida. If so, then why would they bother renewing it?
     
  8. iammagi

    iammagi Well-Known Member

    What if there is none in the record other than that they sent it by US Mail? What if the record has been destroyed?
     
  9. flacorps

    flacorps Well-Known Member

    Why don't you find out what the situation is and then come back and tell us. Hypothetical discussion doesn't help a lot.
     
  10. flacorps

    flacorps Well-Known Member

    The Real Poop on Service of Process

    The term has likely been in use since before I was born...

    Here's what you need to know about service of process:
    http://www.answers.com/topic/return-of-service?cat=biz-fin
     
  11. flacorps

    flacorps Well-Known Member

  12. enigma

    enigma Well-Known Member

    Did you file a Declaration of Homestead on 9/19?
     
  13. iammagi

    iammagi Well-Known Member

    I didn't own a home until last year. I promptly recorded one after that. Should that cover me?
     
  14. iammagi

    iammagi Well-Known Member

  15. iammagi

    iammagi Well-Known Member

    I'll be going down to the courthouse tomorrow. What papers should I copy or pay special attention to? You said to re-file the old case paperwork if they let me. Which pages would I be looking for. Hopefully it will be a small file and I can get copies of the entire thing.
     
  16. iammagi

    iammagi Well-Known Member

    Yes I'm in Broward. Why?
     
  17. flacorps

    flacorps Well-Known Member

    To explain would be to seem uncharitable.
     
  18. enigma

    enigma Well-Known Member

    Call the court before going. Your file most likely is in archives. They will have to order the file which takes several days.

    You will pay special attention to the process servers notes.

    You can read the file at the clerks office, but to obtain a copy will cost you $1.00 per page.
     
  19. flacorps

    flacorps Well-Known Member

    And if the process server notes on the summons strike you as wrong, do not hesitate to spend extra to have copies of those pages certified.
     
  20. rocket1977

    rocket1977 Well-Known Member

    Even if the process server notes are "wrong," he has known about the judgment for 8 years and did nothing. He has a tall order to fill convincing a judge a judgment should be vacated after waiting 8 years.
     

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