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this1chick

Probability of civil judgment getting renewed?

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Hi all,

 

Wondering if anyone has personal experience with having a civil judgment made against them that then lapsed / expired. A family member is wishing to transfer property to me, but I am concerned due to a couple of judgments from the most recent recession. I know it's not the wisest route, but due to my circumstances at the time and several years following, I essentially did nothing (didn't respond to letters, people trying to serve me, etc., definitely didn't make any payments). I didn't realize until recently that judgments could be revived. At this point, I don't want to declare bankruptcy when it's almost been 10 years... I should have just declared BK at the time of the judgments but obviously wasn't educated.

 

Any help / thoughts appreciated!

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I understand that nobody knows what will happen in my case...therefore asked if anyone has had personal experience.

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Is it a significant amount of money?  Can you afford to pay it?

 

Are you able to you research what this entity has done with other judgments?  This would all be public record.

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Are you SURE there was a RECORDED judgment lien filed against you?

follow this guide and see.

https://whychat.me/GUIDEBOOK.html

 

https://whychat.me/deletejudg.html

 

judgment in the State of Washington can also be extended beyond the initial ten year period by filing an application in the court where the judgment has been filed within ninety days of the expiration of the initial ten year period (RCW 6.17.020).

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Is it a significant amount of money?  Can you afford to pay it?
 
Are you able to you research what this entity has done with other judgments?  This would all be public record.


It is quite a significant amount... From two different creditors, > $10k each. I don't have the means to pay these amounts and don't currently have any real property.

@cv, how would I research what the parties have done with other judgments? Would I search by grantee in the records?

@whychat, I'm sure that there are recorded judgments against me, as they show up in the public record.

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Posted (edited)
1 hour ago, this1chick said:

 


It is quite a significant amount... From two different creditors, > $10k each. I don't have the means to pay these amounts and don't currently have any real property.

@cv, how would I research what the parties have done with other judgments? Would I search by grantee in the records?
 

 

I see. 

 

This really isn't my area of expertise...  I was just thinking about how I might approach the same problem.  

 

Absent knowledgeable advice I would probably go to the court's web site and see what search options exist -- and play around until I figured it out... or I would physically go to the courthouse and see if someone would help me search.

Edited by cv91915

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$10K on multiple judgments, that have been around collecting interest for the past decade for both principle and fees is certainly something that you need to reasonably expect to see a renewal. 

 

You can do the math once you determine the post-judgment rate applicable to the Court's judgment.  Ditto on the fees.  However, on a civil default, it is not uncommon to see fees of between $3-5K awarded to opposing counsel and for post-judgment interest to accumulate at a rate of eight to ten percent per annum.  You may reasonably presume that the amounts owing are well over double what existed a decade ago and could even be approaching triple the original amount once you include the fees. 

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$10K on multiple judgments, that have been around collecting interest for the past decade for both principle and fees is certainly something that you need to reasonably expect to see a renewal. 
 
You can do the math once you determine the post-judgment rate applicable to the Court's judgment.  Ditto on the fees.  However, on a civil default, it is not uncommon to see fees of between $3-5K awarded to opposing counsel and for post-judgment interest to accumulate at a rate of eight to ten percent per annum.  You may reasonably presume that the amounts owing are well over double what existed a decade ago and could even be approaching triple the original amount once you include the fees. 


That's what I'm afraid of...but, can't undo the past. I'm going to chat with a BK attorney soon and see what they think. Best case might end up being to see if I can settle for the original amounts or less...

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26 minutes ago, this1chick said:

 


That's what I'm afraid of...but, can't undo the past. I'm going to chat with a BK attorney soon and see what they think. Best case might end up being to see if I can settle for the original amounts or less... emoji20.png

Or...you wait and see whether they file to renew the judgment.  If they don't and the time lapses, then you don't wind up with the taint of a BK on your record.  If they DO file for a hearing to renew, then you have the upper hand vis-a-vis the threat of filing BK

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Or...you wait and see whether they file to renew the judgment.  If they don't and the time lapses, then you don't wind up with the taint of a BK on your record.  If they DO file for a hearing to renew, then you have the upper hand vis-a-vis the threat of filing BK


Would I receive notification that they're going to renew? Or does it just pop up on my credit report one day? Lol

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14 hours ago, this1chick said:

 


Would I receive notification that they're going to renew? Or does it just pop up on my credit report one day? Lol

I cannot speak to your jurisdiction since I do not practice there.  I know that, here in Texas, notice is sent out to the address of record just as would occur on any other motion or pleading that was filed for the Court's consideration.  The respondent then is provided notice of a hearing date and afforded an opportunity to respond.  Default judgments occur on a regular basis in these proceedings because many will keep their heads in the sand, just as they had done at the original proceeding. 

 

If you have concerns about whether your address is correct in the records, then you can also review the docket history.  If your jurisdiction has the records maintained online, you might ALSO have an option to basically register for any updates to the file.  Such registration is not something that is sent to the Plaintiff and there are many cases that are tracked by persons who are not a party to a particular case. 

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As far as assets, can you form an LLC and have family member transfer assets to it instead of to you personally? Obviously, you'll need to speak with an attorney (I believe creditors may be able to "pierce the corporate veil" in some cases but it's worth an ask?

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