2007 judgement help

[Anonymous]

Hi All,

First Resolutions filed a judgement against me in April of 2007. However it wasn't electronically filed with the Ciruit Court until 02/21/2017. I am located in Alabama. I was served a writ of garnishment via certified mail on Saturday 2/25/2017. On Monday 2/27/20172017 a bank levy was placed on my account for the outstanding debt (11k). Do I have any options available to me at this point in time to fight/vacate this old judgement? Or should I contact them to attempt to set up some type of payment plan . Any advice would be greatly appreciated.

[Blackswizz750]

Wow, this is past the SOL in many states and is this tax debt, student, or Child support. That debt may linger for years. If this is other debt then time alone should be able to get this vacated and to get your account unseized. Check out a lawyer due to the amount of the judgment and they have your bank account!

[wa3more]

looks like sol in alabama is 10 years. At this point, they have bank and work info so you don't have any leverage. If you had lump sum, they may be open to settlement.

[RobertEG]

Statute of limitations is on the initiation of civil action, not the conclusion.

Was the filing date of the civil action in 2007 or 2017?

What is date of supposed entry of the subsequent civil judgment?

When did they then file for a writ of satisfaction based on the judgment?  Was the filing on 2/21/2017 for the judgment, or the writ of satisfaction of the judgment?

You, or your attorney, need to review the case history for determination of relevant dates.

[wa3more]

ah good point, I misread. I don't understand the 10 year delay though.

[Anonymous]

Forgive me as though I am a newbie when it comes to the terminology you are requesting. I hope this helps some...

Process of Garnishment

Writ of Garnishment

Electronically filed

02/21/2017 3:44pm

Circut Court of

---- County, Alabama

Clerk's Name

Process of Garnishment

Date of Judgment 04/25/2007

Judgement Amount $5,008.75

Interest Cost $6,544.19

Cost $267.65

total=$11,820.59

[RobertEG]

They are reporting that the judgment was issued in 2007.

After a creditor has obtained a court judgment ordering payment, if the consumer does not comply, then the judgment creditor can then take the additional step of requesting the court to order specific terms of payment of the judgment debt.  That separate motion is referred to as a request for a "writ of satisfaction," which can be in the form of attachment of assets or garnishment of pay.

Judgments have their own periods of enforceability, which are normally for an initial period of ten years, but can be extended.

The judgment must currently be enforceable in order for the court to therafter issue a writ of satisfaction.

The judgment credtior apparently requested the writ at or near the end of the ten year period of enforceability of the judgment.

Since the court apparently issued the writ, they found the judgment to still be within its period of enforceability.

It appears to be a proper time scenario.

[wa3more]

yes i agree with Robert, they just got it in before SOL expired.

Here in NY money judgments are good for 20 years. Thats a long time and accrues at 9% interest which means it doubles every 8 years.

[wa3more]

in terms of how to handle this, you don;t have any leverage. If you have a lump sum to offer, they might go for that instead of waiting 5 years for a garnishment to pay off.

They might accept an aggressive payment plan, call them and see what they say.