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Advanced Credit Repair - Dealing with Collection Agencies Discuss Bankruptcy for old Judgment in the CREDIT AND LEGAL ISSUES forums; As mentioned on another thread....it appears my friend has a fairly large judgment against them in Texas from ten or twelve years ago. This person has had some credit problems ...
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Old 01-23-2007, 07:46 PM   #1
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Bankruptcy for old Judgment

As mentioned on another thread....it appears my friend has a fairly large judgment against them in Texas from ten or twelve years ago.

This person has had some credit problems in the past but has been clean on everything for the last six years or so.

Can this person file for bankruptcy...or should they....if paying this judgment, or having wages garnished, would cause them great hardship?

They make good money but live in a very expensive city and this garnishment could set off a chain of unpleasant events, like having to move or sell their car.
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Old 01-23-2007, 07:54 PM   #2
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There is no wage garnishment in Texas. But, they may be able to get the money out of their bank account, if they can find the account and it has money in it.
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Old 01-23-2007, 07:58 PM   #3
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The judgment was obtained in Texas but my friend currently resides in New York.
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Old 01-23-2007, 08:20 PM   #4
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Has the judment been, I forget the legal term, transferred to NY?

Is it dormant?

§ 34.001. NO EXECUTION ON DORMANT JUDGMENT. (a) If a writ
of execution is not issued within 10 years after the rendition of a
judgment of a court of record or a justice court, the judgment is
dormant and execution may not be issued on the judgment unless it is
revived.
(b) If a writ of execution is issued within 10 years after
rendition of a judgment but a second writ is not issued within 10
years after issuance of the first writ, the judgment becomes
dormant. A second writ may be issued at any time within 10 years
after issuance of the first writ.

Last edited by Pale Rider; 01-23-2007 at 08:23 PM..
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Old 01-23-2007, 10:01 PM   #5
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Quote:
Originally Posted by Pale Rider View Post
Has the judment been, I forget the legal term, transferred to NY?
The term you are looking for, I believe, is domesticated.
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Old 01-23-2007, 10:15 PM   #6
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I dont believe the judgment has been domesticated. My friend is going to look into the status of the judgment.

I believe even considering bankruptcy is premature.....
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Old 01-23-2007, 10:29 PM   #7
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Yeah, at this point it would be wise to wait things out and save the BK as a last resort. They may not have renewed the judgment.
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