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Tennessee Judgement advice

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Anonymous
Not applicable

Tennessee Judgement advice

I have a credit card judgment from a Barclays Juniper credit card I opened in 2005, I don't have payment records any longer but I know the last payment I made was in fall of 2007. I was separated from my husband and living out of state in late 2009 when the summons came, my husband accepted the summons on my behalf but I wasn't aware until 2011 when my wages started being garnished. They probably collected a total of $700 from the garnishment, I worked for a short time but was otherwise a stay at home military wife while my husband was deployed. The initial judgement was for $1,990 but I'm sure it is higher now as interest and fees have accrued. The judgement is set to be removed from my credit report as of December 2016 but I am nervous to call and work out a payment arrangement/settlement as I've gone back to college and really can't afford it. I was not initially aware of the judgement or the garnishment as I personally wasn't served or received a letter in the mail. should I contact the law office now or wait in the hope they won't renew the judgement within the statutory 10 years?
Message 1 of 5
4 REPLIES 4
RobertEG
Legendary Contributor

Re: Tennessee Judgement advice

There are a lot of uncertainties involved in the posted scenario, such as issues of lack of proper service of notice for the order of garishement, why the garnishment ended without full satisfaction of the debt, and the current period of enforceability of the judgment.

 

The issue of lack of serive of notice may have a required period for contesting under your state statutes, such as one year from the court order.

The reason why their garnishment ended prior to satisfaction of the debt may or may not be known to you?

 

It might be prudent to consult an attorney for answers to those legal questions...........

Message 2 of 5
Anonymous
Not applicable

Re: Tennessee Judgement advice

I believe in Tennessee that notice to last known address is sufficient so I'm pretty sure that I don't have any legal ground to fight that. The garnishment ended when I quit my job to move out of state during another of my husband's deployments, and I do know that the debt wasn't satisfied prior to that. I never received a garnishment notice so that bothers me but the debt is indeed mine and I need to pay it. My concern now I suppose is that if like to clear this up but I'm unsure how to do it considering my funds are limited and my husband and I are again separated, with mostly separate finances. My credit has improved immensely and I don't want a renewed judgement showing on my reports if they do renew prior to 10 years. Is it best I wait for it to fall off and then try to settle? Or should I try to settle now? I won't graduate college for 2 years and my financial situation isn't likely to improve much prior to then either.
Message 3 of 5
gdale6
Moderator Emeritus

Re: Tennessee Judgement advice


@Anonymous wrote:
I believe in Tennessee that notice to last known address is sufficient so I'm pretty sure that I don't have any legal ground to fight that. The garnishment ended when I quit my job to move out of state during another of my husband's deployments, and I do know that the debt wasn't satisfied prior to that. I never received a garnishment notice so that bothers me but the debt is indeed mine and I need to pay it. My concern now I suppose is that if like to clear this up but I'm unsure how to do it considering my funds are limited and my husband and I are again separated, with mostly separate finances. My credit has improved immensely and I don't want a renewed judgement showing on my reports if they do renew prior to 10 years. Is it best I wait for it to fall off and then try to settle? Or should I try to settle now? I won't graduate college for 2 years and my financial situation isn't likely to improve much prior to then either.

If you are no longer living in the state where the judgment was granted its to your advantage as they would have to domesticate the judgment into the state you are now living  in before they could even get an order of garnishment or seize any property and that will cost them more money and time. A judgment can only make one run on your report for a period of 7 years from is date of entry or the term of it being active (the first period of time) which ever is greater. They can however be renewed in most states forever.

 

I would do some digging to see if it is still an active judgment or if it has expired without being renewed. If its still active then you would contact the owner of the judgment and work out a settlement on it.

Message 4 of 5
Anonymous
Not applicable

Re: Tennessee Judgement advice

I live in Tennessee.
judgements can be renewed and last 10 years.
If not paid they can renew another 10 years. Infinity.
Message 5 of 5
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