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Vickeli · Mar 14, 2008, 12:24 PM

My Parents had their bank account seized yesterday. They think that it is an old debt from over 20 years ago. They think that it was a car that my Grandfather co signed for. Even though they have nothing to do with the agreement that my Grandfather made, the judgment is against them because my Father and Grandfather have the same name. Is this possible that they can still come after the debt & bringing judgment against the incorrect person?

JudyKayTee · Mar 14, 2008, 02:34 PM

Originally Posted by Vickeli

My Parents had their bank account seized yesterday. They think that it is an old debt from over 20 years ago. They think that it was a car that my Grandfather co signed for. Even though they have nothing to do with the agreement that my Grandfather made, the judgment is against them because my Father and Grandfather have the same name. Is this possible that they can still come after the debt & bringing judgment against the incorrect person?

If it's a 20 year old debt and a recent Judgment it's out of Statute no matter WHERE you are and those are the grounds for having it reversed/dismissed.

It is also possible that it's a JUDGMENT that has been renewed and renewed over time - with even a 3 year statute and then a Judgment and then 2 renewals, it's possible - and they finally for whatever reason found a way to get their money.

And if it is for something else, somebody with the same name, the creditor has no way of knowing that until someone actually tells them.

Go to the Court, get the papers and see what it's all about. Until then you are dealing what "what ifs" and, meanwhile, your parents' bank account is cleaned out.

Fr_Chuck · Mar 14, 2008, 05:14 PM

A judgement lasts for @ 10 years, ( varies by state) and can be renewed if they believe it is possible to get paid.

If this is not your debt, you need to file in the court that issued the order to have the freeze lifted. Since it is not your debt.

ScottGem · Mar 14, 2008, 06:58 PM

First go to the bank and get a copyof the writ of attachment. This will list the court and docket info about the judgement. You then go to that court and file a motion to quash the writ on the grounds that its not your debt.