what happens to a judgement after 20 years in florida

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1. 

   KarenP Constabulary Topic Starter New Member

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   I failed to pay remaining attorney fees and a judgement was entered confronting me approximately 18 years ago. They were awarded a default judgement because I did not appear in courtroom. I was eighteen years onetime at the time and failed to cover the long term effects this would take. Several years later on the sentence was awarded they froze and seized my bank account which contained minimal funds (less than $100). I take not had a banking concern account since due to this. I started receiving calls and letters from a collection company well-nigh v years ago proverb they "purchased my debt" and would seize my vehicle. I had just purchased this vehicle and therefore had no disinterestedness in information technology. I am nearing the cease of my car loan and I'thousand afraid they will at present try to seize my vehicle since it is about paid in total. This is my only transportation to work however. I do not brand a substantial income and just do not have the funds to pay this debt - even if they were to offer a lower settlement. My husband and I live paycheck to paycheck and have no savings. My hubby was recently laid off when the company he worked for over 10 years closed downwardly and I make less than 30k per year. We rent and have no assets of any value other than our vehicles, which also aren't that valuable with mine being a 2008 and his existence a 2006. I would like some communication as to where I go from here. What happens once this judgement hits the twenty year mark? Is there whatever style possible to get rid of this judgement? They call and leave messages every day. I cannot pay this since it is 1/iii of my annual income. Can they renew this once again for another 10 years? I am in NY country. Any advice would exist greatly appreciated. Thank you in advance.

2. Okay, yous should refresh your memory almost judgments in general in NY country.

   New York City Civil Court

   Judgments | NY CourtHelp

   Yes, judgments in NY are valid for 20 years.
   Your vehicle isn't yours, if you're paying on it.
   That prevents a creditor from trying to levy confronting information technology.
   Taking information technology would only hurt the lien holder (banking company), so relax.

   What'south really at risk are your wages.
   The creditor could try that route.
   However, they oasis't tried to levy against your wages.

   That tells me, peculiarly now that a debt collector predator has ALLEGEDLY bought the paper.

   I'd say they're trying to scare like shooting fish in a barrel money out of y'all.

   However, if your wages practise go levied against, discuss filing a chapter 7 defalcation with a lawyer or two.
   Enquiry doing a bankruptcy, pro se.

   Filing a bankruptcy forestalls any collection activity.

   Proficient luck.

3. NY exempts a motor vehicle from judgment up to $4000. Fifty-fifty if your vehicle is worth a lilliputian more than than that, collection agencies don't like to spend coin to become money and it's a costly thing to attempt to get a court to allow them to seize a motor vehicle.

   I concur with the Judge that the collection agency is trying to scare yous into paying. They probably bought the debt for pennies on the dollar.

   Don't let them become to yous.

4. 

   KarenP Law Topic Starter New Member

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   Thank you both for all of the information. What happens to this sentence one time it hits the xx twelvemonth mark? Can information technology be extended?

5. No.

   Notwithstanding, yous need to empathise the statute that applies. It's:

   New York Consolidated Laws
   CVP - Ceremonious Exercise Law & Rules
   Article 2 - (201 - 218) LIMITATIONS OF TIME
   211 - Actions to be commenced within twenty years.

   (b) On a coin judgment. A money judgment is presumed to be paid and satisfied after the expiration of twenty years from the fourth dimension when the party recovering it was start entitled to enforce it. This presumption is conclusive, except as confronting a person who within the twenty years acknowledges an indebtedness, or makes a payment, of all or function of the amount recovered past the judgment, or his heir or personal representative, or a person whom he otherwise represents. Such an acquittance must be in writing and signed by the person to be charged. Property acquired by an enforcement order or by levy upon an execution is a payment, unless the person to be charged shows that information technology did not include property claimed past him. If such an acknowledgment or payment is made, the judgment is conclusively presumed to exist paid and satisfied equally against any person after the expiration of twenty years after the last acquittance or payment made by him. The presumption created by this subdivision may be availed of under an allegation that the action was not commenced within the time limited.

   What that tells y'all is Non to acknowledge the debt in writing and Non to make a payment on the debt. If you do either, a new 20 year period starts.

   Bluntly, y'all would be wise to avoid whatsoever communication at all with the collection agency. Hang upward equally presently as it's identified, block the calls, ignore the letter, don't accept certified or registered mail no matter where you think it's coming from.

   I also propose you bank check the case file to make sure you know what engagement the judgment was entered and and then add together at to the lowest degree 30 days to that anniversary as the enforcement date wouldn't take come up nigh until after the appeal deadline.

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