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    MORETROUBLE's Avatar
    MORETROUBLE Posts: 1, Reputation: 1
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    #1

    May 14, 2009, 02:55 PM
    Vacate a judgement renewal.
    My husband and I were sued in 1999 and a judgement was granted in the creditor's favor. The judgement included attorneys fees and the kitchen sink. This year, my husbands wages were garnished for this debt but prior to this, the creditor made no effort to collect that we're aware of. (We have moved 4 times since 1999 but have been at our current address for 4 years. So if he did try, we were unaware.) Now that statute of limitations is almost up, here he pops up to garnish our wages and has filed a motion to renew the judgment for an additional 10 years.

    Is there any legal leg for us to stand on to vacate this? Because with the renewal, the order amount will double! That's not fair! We don't mind paying what we owe - which is only a fraction of the original order but it infuriates us to think that he's going to collect a lot more than is due him. In addition, his new attorney is adding his fees into the mix. Is it legal for him to do that? Isn't he only allowed to collect the judgement amount plus interest? What if he gets 10 more lawyers -- do we have to pay them too?

    I only have 3 weeks to file a request to vacate and any advice/suggestions would be greatly appreciated!

    Thanks!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 14, 2009, 06:46 PM

    No, you have no legal grounds to vacate. It would appear you knew about the Judgment and did nothing. There is nothing that says the Judgment can't be renewed and enforced.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 14, 2009, 08:27 PM

    As long as the creditor can show the court there is reason to believe they can now collect they will get to renew it. Sounds like you needed to start making payments in 99 and perhaps this would not have happened.
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