Expert: Ontrack Financial Group llc - 7/15/2008

Question
My husband had an apartment back in 1998 and owed some money to these apartments that he was unaware of. This year they had a judgement to take out over $1000 out of our joint checking account. We live in the state of Tennessee. Can they do that being it was 10 years ago?

Answer
Stephanie,

If he wasn't there to contest the judgment then yes they can.  You may want to look and try to vacate the judgment.  

The first thing you should be before preparing a motion to vacate is to look up your state's rules of civil procedure. It should spell out exactly what you need to do to file a motion. It will also tell you what reasons are valid, and may include the exact language you need to use. If you don't follow the procedures, you can get your motion thrown out on a technicality.  Here's a good link

http://www.law.cornell.edu/topics/state_statutes.html

You must prepare a Motion and Declaration to Vacate Judgment and an Order to Show Cause.

Motion and Declaration to Vacate Judgment


Next, explain your reasons for bringing the motion. State your "procedural defenses," that is, the good reason(s) why you did not respond to the summons and complaint on time or appear at a "show cause" hearing. For example:



     I was not served with a summons and complaint - you need to check your state laws here. Some states say that a non-certified letter delivered by US Postal service is all that is required to properly serve a complaint. Most states, however, require that you be served in person or at least get your summons sent certified, return requested mail. Here is a good link to double check you state and county procedures:

     http://www.findlaw.com/10fedgov/judicial/district_courts.html

Good Luck

Ontrack Financial Group