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Two Judgements

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Anonymous
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Two Judgements

Hi, 
 
I have a situation where I was out of work about 7 years ago and pretty poor, at the time my car was impounded by the state of California becuase of unpaid parking tickets. Because I was unable to pay the tow company in time, they used their lien and sold my car (which was fairly new at the time) being young (early 20s) and rather foolish I figured California owed the bank not me. (Were I older and wiser about the ways of the world I'd have just paid this) Anyway the Bank got a judgement against me in Illonois (where I lived when I bought the car)
 
I have since rebounded pretty well have a good job and am making efforts to improve my credit, Yesterday I checked my free report and found that the judgement in Illinois the bank had against me was about to expire. To me that was the good news. The bad news is that it looks like a few years later they filed against me in California for the same thing. So I have a judgment in IL and a Judment in CA for the same thing a few yerars apart.
 
My question is at this point do I have any recourse for dealing with this or am I just SOL?
 
thanks for any and all help.
 
Message 1 of 3
2 REPLIES 2
Anonymous
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Re: Two Judgements

Okeedokee ... just a few questions, please!

First, WHY did they first file in IL rather than in CA, since that's where you were living????

Second, what are the dates of each judgment??

What it SOUNDS like (and of course, I could be wrong, here), is that the original judgment from IL was domesticated in CA (meaning, it was filed in your home state to make it easier to punish you with wage garnishment, ease in attaching a lien, etc).

I'm going to go see if I can find out if they should have vacated the first judgment prior to issuing the second ... I was pretty sure that was the modus of operandi in regards to domestication, but I'm not sure.

I don't even know if that's the case (domestication) or not ... but I'm pretty sure.

Back soon!! Smiley Happy
Message 2 of 3
Anonymous
Not applicable

Re: Two Judgements

Okay, unfortunately, you're on the hook for BOTH (meaning, they can and will be on your reports for at least 7 years after the filing date).

What happened is that the creditor (assuming the lender), in order to be able to enforce the judgment, filed in IL (I'm assuming the lender's "home state") and then domesticated the judgment in CA. They often do that in order to prevent the judgment from falling out of SoL. They also do that so they can attach liens, garnish wages, etc (which, BTW, they can't, in most cases, do with a judgment filed out-of-state).

As it is, your SoL will be 20 years ... but it IS renewable for another 20 (and often, if a creditor goes to the trouble of domesticating a judgment, they WILL renew it). So what that means is they have 20 years to seize your assets, garnish your wages, and/or attach liens.

I would honestly pay it NOW. Or at least try to come to some sort of accord/agreement. Otherwise, one day you might wake up to find that XYZ Lender has taken your paycheck and/or attached a lien to your home. Smiley Sad
Message 3 of 3
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