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2006 Judgment Still an Issue--New Developments

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    2006 Judgment Still an Issue--New Developments

    01/2003 A credit card debt was acquired by Sarasota CCM and they obtained a judgment in in Illinois.

    01/2009 I moved to Florida and three years later they registered the judgment in Florida.

    09/2000 They garnished a checking account.

    No communication from them between 2006-2020.

    After taking the funds from the checking acct the case status was updated to Closed on the Clerks Probate site.

    05/2022 they attempt to get a Writ of Execution but court rejects it b/c they listed Sarasota CCM as a foreign authorized corporation

    10/2022 they get a Writ of Execution after listing Sarasota CCM as a Rhode Island corporation

    No communication since this was granted.

    05/2023 Affidavit of Payment and Interest filed. Interest accruing at 9% per annum from 11/01/2005 and has been domesticated in the State of Florida.

    Zero communication from anyone.

    Case status still shows closed on the Clerks page.



    What are my options, what is the best path forward?​

    #2
    While we talk more about bankruptcy itself here, a domesticated judgment can be a problem. Florida judgments can last forever (renewed every 10 years).

    I don't know your debt, your situation, or what you're trying to do. Bankruptcy could solve the problem. I say "could" because you may run into issues with recorded judgments that become judgment liens against your property. Apparently the creditor/collector is intent on collecting from you since this has been going on since 2003 and have been skip-tracing you. I can't talk to judgment rules in any of the states (Illinois, Rhode Island, Florida), but they become more serious when they attach to property.

    Personally, you may want to reach out to a consumer debt attorney in Florida. I really have no ideas for this 20-year old debt only to say... they want their money. This is the first time I have ever read where a company has gone to these lengths to collect on a 20-year old judgment. Maybe they didn't renew it the second time and the judgment is now unenforceable. You need an attorney to give you the proper legal advice.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment

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