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statute of limitations on judgments

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sj0720

Guest
What is the name of your state? :Michigan

back in june of 1992, i returned a vehicle to the bank I financed it at due to extreme circumstances (the engine blew up and no one would finance or lend me the money to get a new one for the vehicle. i had no credit or relatives or friends that could help me)and it became a repossession. At the time I lived in and the bank i financed from were in florida and i was single. i have since married, moved to michigan and become a housewife until about 2 years ago when i started working part time. a few days ago, i received a letter from an atty in florida, stating that they are an atty for the co. that purchased my judgement. They are attempting to collect on this judgment and stated that they will attempt to garnish my wages, levy, attachments, etc. to get their money if I do not pay in full within 30 days. my questions are 1. is there any kind of statute of limitations on judgments as far as enforcement, etc. 2. which state takes jurisdiction on this matter? 3. my husband and i have a home that he purchased as a married man, my name is on nothing but the mortgage for homestead purposes, can they attach this judgment to our home? 4. should i retain an atty of my own and if so, what branch of law?

any information would be quite helpful. thank you!
 


JETX

Senior Member
Q1) "is there any kind of statute of limitations on judgments as far as enforcement, etc."
A1) Yes. If the judgment was rendered in Florida (as I presume), the SOL is 7 years and renewable. If from Michigan (doubtful) or the FL judgment was domesticated to Michigan, then the Michigan SOL is 10 years renewable.

Q2) "which state takes jurisdiction on this matter?"
A2) The state where the judgment was rendered has jurisdiction. However, since your assets are now in Michigan, the judgment creditor could domesticate the judgment into your current state and then enforce it in MI.

Q3) "my husband and i have a home that he purchased as a married man, my name is on nothing but the mortgage for homestead purposes, can they attach this judgment to our home?"
A3) If they domesticate to MI, yes.

Q4) "should i retain an atty of my own and if so, what branch of law?"
A4) Depends. What are you wanting to be done?? Get one experienced in Probate law if you want wills drawn up. If you are hoping for an attorney to stop this judgment, the only question that could affect it is.... Were you notified of the lawsuit as required by state law?? If so, then you pretty much have to pay it.
 

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