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judgementquestion · Jun 2, 2010, 02:22 PM

Don't know where to go with this. Trying to help my great Uncle who is 98 years old.. back when he was around 85 sears wrote off his credit card... then in 2002 then obtained a judgement against him(I find it horrible that they never served him and of course with his medical issues he never could have gotten to court anyway). So I am trying to settle his affairs before he passes. Sears, no longer has the debt, the law firm who filed the judgement no longer has the debt and I have no idea who bought it now. So how do I satisfy this judgement? He lives on SS and has no way to pay this all the debt. I want to at least try to offer some sort of settlement. Does Sears still have a legal hold on him with this judgement when they no longer own the debt?

ballengerb1 · Jun 2, 2010, 02:37 PM

Sorry to hear he is not well and nice of you to try to help. The debt has been sold several times and Sears has no standing so don't try to talk with them. I would not be in any hurry at this point. They can't touch his SS and it is likely the statute of limitations has run out on this debt. If you wetre to reach the right person and offer to pay even a penny the statute restarts. Sit and wait for them to approach you, they may not be in any hurry since they only spent pennies on the dollar to buy the debt and likely know the SOL is run out. If you or he is ever contacted then come back here with the details but do not agree to anything over the phone.

judgementquestion · Jun 2, 2010, 03:26 PM

Here is the problem.. in trying to clean up his affairs a lawyer friend says we need to get the title on the home taken care of in case in the future we need to sell the home... this may happen as we may need to proceeds for long term care.. his mom lived till 104 looks like he was lucky enough to get the genes... with this affecting the title, we are in Florida so a judgement obtained is automatic as a judgement lien.. I don't know how to get this lien released since right now the debt is basically untraceable... since Sears no longer owns it... but they have a judgement... what a nightmare...

judgementquestion · Jun 2, 2010, 03:29 PM

By the way his medical issues are more mental rather as much physical.. keeps moving in time in his mind... so he harms himself because one moment he is in the present the next time he thinks he is back in WW II...

ballengerb1 · Jun 2, 2010, 03:43 PM

Do you have Power of Attorney, can you get one? I would. I did not know about automatic leins in Florida. What does your lawyer friend say about the sale of property with a lien. Doesn't it get filled when the sale goes through?

judgementquestion · Jun 2, 2010, 03:52 PM

He says that if we go the direct route that we would have to pay the total amount... but we should instead try to settle it.. does that mean to go to the law firm that filed the judgement or do we try to trace the company that now owns it?

ballengerb1 · Jun 2, 2010, 04:16 PM

You can only settle with the company who now owns the debt. If they are not the ones on the lien ask your attorney friends to ask the courts to release the previous lien because that company no longer owns the debt.