Expert: Creditwrench - 6/2/2008

Question
I was shocked to receive on Sat. in regular postal mail a notice to appear in court to revive a judgment from 1994!  I never knew this credit union had ever put a judgment in towards me back then and can't believe they are coming after me now.  It has never shown on my credit as I just bought a house 3 months ago.  What do I do?  Can they do this to me?  Why did they wait so long and I don't ever remember getting any notice to appear in court back in 1994.  I have to be in court June 24, 2008.  Should I hire an attorney?  Should I claim bankruptcy on this so called $20,000.00 debt they say I owe on two vehicles they recovered years back?  Help!

Answer
You are in real trouble on this one because they have the right to revive that judgment for 20 years after it was originally granted even though it expired 7 years after they granted it in the first place. So you can count on the fact that they will get the renewal they are seeking.

That will probably mean a lien on your new home as well as garnishment of wages, seizure of bank accounts or just about anything else allowable by state and federal law.

So what to do about it short of just paying it up? There very well may be some things that you can do about it. First of all you might want to file an objection to the renewal. That may delay the process and you might also want to file a motion to vacate the original judgment. That might also delay their tactics somewhat and even better might end up with them making a mistake or two and violating federal law giving you a chance to sue them in federal court.

We never know in advance what weapons we can find to use against them until we first of all know the law and as a result of knowing the law we can spot their mistakes and use their mistakes against them in a federal lawsuit. It is the only possible way to put a stop to the disaster that is sure to follow.

Bill Bauer
405-684-9297
405-227-9423

The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.

Dial-in Number: (712) 432-1601
Access code: 508548#

You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.

If you live within driving distance of Oklahoma City you can also come to our monthly meeting of the Oklahoma City Chapter of Jurisdictionary meetings. They are held on the 2nd Thursday of each month at Coit's Root Beer Stand which is located on the corner of SW 24th & Western Ave in Oklahoma City. The meetings start promptly at 7:00 P.M. and last for 2 hours. Attendees usually arrive about half an hour early so they can enjoy a good meal at Coit's Root Beer Stand. The meetings are free and open to the public and we can discuss your problems as well if you like.

We are going to start holding mock trials so that you can learn some court room procedures.