View Full Version : 16 year old Judgement
jbrickhous
Oct 30, 2007, 10:51 AM
My husband had a judgment in 1991. We married in 1995. In 2006 we purchased a home, I was the primary applicant. In June 2007 a lien was placed on our home. Can a judgement last for 16 years. And should creditor be required to notify all owners of a property?
ScottGem
Oct 30, 2007, 11:01 AM
A judgement can last for more than 16 years. Generally, they last for 10 and can be renewed for another 10, maybe more. The laws on this vary from state to state.
No, the creditor is not required to give any notification when placing a lien.
As long as your husband is a joint owner of the property they can place a lien on it. However, there are some issues of exempt assets that may be applicable.
excon
Oct 30, 2007, 11:01 AM
My husband had a judgment in 1991. We married in 1995. In 2006 we purchased a home, I was the primary applicant. In June 2007 a lien was placed on our home. Can a judgement last for 16 years. And should creditor be required to notify all owners of a property?Hello brick:
I don't have good news. Judgments, depending on the laws in the jurisdiction where they were granted, can last 10 years or more and can be renewed and even renewed again.
It doesn't matter if you're the primary applicant, if his name appears anywhere in the deed, they can place the lien. Plus, as I consider it more fully, even if his name doesn’t appear anywhere on the documents, if you live in a community property state, just the fact that you're married to him may be reason enough for them to place a lien.
No, they have no requirements to notify you at all.
excon
jbrickhous
Oct 30, 2007, 11:09 AM
Thanks for answering 16 year old judgement, how does a person know if a judgement has been properly renewed?
excon
Oct 30, 2007, 11:13 AM
Hello again, jb:
The lien is filed in the courthouse in your county, and as a public record, is available for viewing. You'll see which court awarded it. You'll need to contact THAT court and view your husbands file. THERE, you can see if the judgment was renewed. You may have to physically visit each courthouse.
excon
ScottGem
Oct 30, 2007, 11:26 AM
Most likely, but not definitely, they would have to show an inforce judgement to get the lien placed.
Cvillecpm
Oct 30, 2007, 12:49 PM
Judgement CREDITOR probably found that your husband/judgement debtor bought a house so they renewed the judgement and recorded it.
Pay it off ASAP as I can only imagine how much interest is owed on the original amount.