Still being harassed on Judgment beyond SOL

iammagi36 · 02-12-2008, 03:10 PM

I have an attorney trying to file a Writ of Garnishment on an 8 year old judgment. But it may just be bogus paperwork and they're just blowing smoke. According to my research (correct me if I'm wrong) in Florida they have 7 years from the date the judgment was certified to extend/renew it. The original judgment was recorded 7/20/07 and was certified on 9/12/07. They re-recorded it on 10/30/07. Looks like they missed the boat. Right? Yet by re-recording it it could show up on my credit!

Are they now guily of "misrepresenting the legal status of the debt"? Who should I report this to? The Florida Bar? Anyone else? How should I handle this?

JayinGR · 02-13-2008, 10:45 AM

Quote:

Originally Posted by iammagi36

I have an attorney trying to file a Writ of Garnishment on an 8 year old judgment. But it may just be bogus paperwork and they're just blowing smoke. According to my research (correct me if I'm wrong) in Florida they have 7 years from the date the judgment was certified to extend/renew it. The original judgment was recorded 7/20/07 and was certified on 9/12/07. They re-recorded it on 10/30/07. Looks like they missed the boat. Right? Yet by re-recording it it could show up on my credit!

Are they now guily of "misrepresenting the legal status of the debt"? Who should I report this to? The Florida Bar? Anyone else? How should I handle this?

If the judgment was recorded in 07 I dont see where the SOL comes into play here

jlynn · 02-13-2008, 11:07 AM

Is the judgment 8 years old, or 6 months old?

iammagi36 · 02-13-2008, 11:54 AM

Quote:

Originally Posted by JayinGR

If the judgment was recorded in 07 I dont see where the SOL comes into play here

That was a typo the judgment was filed in 2000. It's over 7 years old.

hannah · 02-13-2008, 02:07 PM

According to the Florida Revised Statutes:

Quote:

55.081 Statute of limitations, lien of judgment.--Subject to the provisions of s. 55.10, no judgment, order, or decree of any court shall be a lien upon real or personal property within the state after the expiration of 20 years from the date of the entry of such judgment, order, or decree.

All of the Florida Revised Statutes concerning judgments are here.

According to FRS 77.031 in certain circumstances an attorney can file a writ of garnishment before judgment.

You can read all about garnishments in FL here.

I have also attached two pdf's worth reading on the subject for clarification.

One thing in the attachments I found interesting is the two websites where you can search to see if you have a judgment and who the creditors are. They are the Department of State's internet website, at www.sunbiz.org - Home, to see if there are any judgment liens filed under the name of the Judgment Debtor. You go to Document Search and then Judgment Lien. You can also check for creditors who have filed UCC security interests in the name of the Judgment Debtor at Florida Secured Transaction Registry.

Good luck.

jlynn · 02-13-2008, 02:37 PM

Says judgments have a 20 year SOL, and are a lien in the county (filed after 1994) for 10 years.

hannah · 02-13-2008, 02:48 PM

Quote:

Originally Posted by jlynn

Says judgments have a 20 year SOL, and are a lien in the county (filed after 1994) for 10 years.

Right. Not 7 as the OP had thought.

iammagi36 · 02-13-2008, 03:22 PM

Quote:

Originally Posted by jlynn

Says judgments have a 20 year SOL, and are a lien in the county (filed after 1994) for 10 years.

I think they are talking about a lein filed as the result of a judgment. I'm asking about the length of time a judgment can stay active without being renewed.

jlynn · 02-13-2008, 03:43 PM

From the link Hannah posted:

55.081 Statute of limitations, lien of judgment.--Subject to the provisions of s. 55.10, no judgment, order, or decree of any court shall be a lien upon real or personal property within the state after the expiration of 20 years from the date of the entry of such judgment, order, or decree.

hannah · 02-13-2008, 04:03 PM

Quote:

Originally Posted by iammagi36

I think they are talking about a lein filed as the result of a judgment. I'm asking about the length of time a judgment can stay active without being renewed.

If I have understood you correctly and read the statutes correctly, I think you are missing the point here. There is no reason to get a judgment if there is not an intent to get their money one way or another. In order to get paid, a judgment is filed as a lien on any real property which can also lead to a writ of garnishment if property is found (like a bank account).

If this judgment was ordered after 1994 and it was duly recorded by the judgment creditor, then it is now a lien. That is how it got on your credit report in the first place. If it was just an order without being recorded against you as a lien, it would not be a public record as such in Florida and the judgment creditor would not be able to file a writ of garnishment. It is a lien against you and any future real property they may find that you have that they can legally take. If this judgment was entered against you in 2000 and was duly recorded then it will be in effect until 2010 if not satisfied before then. During the year 2010, if not satisfied, the judgment can be renewed as a lien for another 10 years and duly recorded as a new judgment.

Go to the links provides and read 55.10 (1) which states

Quote:

A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordation, provided that the judgment, order, or decree contains the address of the person who has a lien as a result of such judgment, order, or decree or a separate affidavit is recorded simultaneously with the judgment, order, or decree stating the address of the person who has a lien as a result of such judgment, order, or decree. A judgment, order, or decree does not become a lien on real property unless the address of the person who has a lien as a result of such judgment, order, or decree is contained in the judgment, order, or decree or an affidavit with such address is simultaneously recorded with the judgment, order, or decree.

hannah · 02-13-2008, 04:27 PM

One more thing, a judgment order or decree can be recorded anytime in that first 10 years from the date of the order or decree. If it was not recorded until 1 day before the renewal date, it can still be recorded and then subsequently renewed. Do you understand? It does not have an SOL less than 10 years from the date of the decree or order.

iammagi36 · 02-13-2008, 05:07 PM

Quote:

Originally Posted by hannah

A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordation, provided that the judgment, order, or decree contains the address of the person who has a lien as a result of such judgment, order, or decree or a separate affidavit is recorded simultaneously with the judgment, order, or decree stating the address of the person who has a lien as a result of such judgment, order, or decree. A judgment, order, or decree does not become a lien on real property unless the address of the person who has a lien as a result of such judgment, order, or decree is contained in the judgment, order, or decree or an affidavit with such address is simultaneously recorded with the judgment, order, or decree

OK so they have 10 years to renew. I also see that the law mentions that the address of the holder of the lien needs to be recorded. In my public records all that shows is Proviadian who is out of busness and the name of a different lawyer than the one whois trying to collect from me. In order to collect doesn't this new collector/attorney need to record an affadavit with his address being that Providian is no longer in business and a different attorney was handling it back then? Who is the lienholder now?

drivel · 02-13-2008, 05:23 PM

Quote:

Originally Posted by iammagi36

OK so they have 10 years to renew. I also see that the law mentions that the address of the holder of the lien needs to be recorded. In my public records all that shows is Proviadian who is out of busness and the name of a different lawyer than the one whois trying to collect from me. In order to collect doesn't this new collector/attorney need to record an affadavit with his address being that Providian is no longer in business and a different attorney was handling it back then? Who is the lienholder now?

Keep working your way through the defenses, maybe one will stick.

hannah · 02-13-2008, 05:23 PM

Quote:

Originally Posted by iammagi36

OK so they have 10 years to renew. I also see that the law mentions that the address of the holder of the lien needs to be recorded. In my public records all that shows is Proviadian who is out of busness and the name of a different lawyer than the one whois trying to collect from me. In order to collect doesn't this new collector/attorney need to record an affadavit with his address being that Providian is no longer in business and a different attorney was handling it back then? Who is the lienholder now?

You would need to contact the lawyer who recorded the lien. A lot of the old bank stuff like Providian was sold off to JDB's. There are a ton of them.

Providian's assets were purchased by Washington Mutual who list these as contact numbers. If Providian got the judgment, it could be that the judgment was sold off when Providian's assets were. You might contact WaMu and ask them. Have you actually gone down and looked at the recorded judgment at the court?

centex · 02-13-2008, 05:23 PM

The Providian interest is survived by the successor entity (WAMU). The merger did not mean that PVN paper simply went *poof*

iammagi36 · 02-13-2008, 06:50 PM

Quote:

Originally Posted by centex

The Providian interest is survived by the successor entity (WAMU). The merger did not mean that PVN paper simply went *poof*

When I file papers fo vacate this judgment who am I OBLIGATED to notify and send copies to? The attorney who recorded the lien, WAMU or the attorney who just mailed me the Writ of Garnishment?