Abstract Judgement plaintiff out of business

[Cappy79999]

Texas

I have a 9 year old AJ against me that goes out in 5 months ( sept ) the prob is i am a builder and cannot sell any homes or property until it is Removed....But there is noone to settle with or dispute it with. I never knew it was there until it was over 8 years old i was never served on it or anything. The business that put it there is no longer active. The attny that filed it is no longer active. I have asked for an order to vacate from the Same court it was filed in and Judge told me that he Does Not have the Authority to vacate this Judgement ?. It is at the point where i will go bankrupt if i cannot get anything done. I cannot do any business or sell any of my investment propertys until this cloud is removed. I have given property to my kids they had homes built and financed this is how i found out about this judgement. Any help would be Greatly Appreciated. If i cannot get this cloud off then 30 years worth of hard work is down the Drain ( so to speak )

I have been thru all my savings trying to wait it out but wife got very sick and we were self insured and that Ate all the funds up ( she is more important ) Not trying to giva a Sob story just trying to explain how this came about. it has almost ruint me trying to get this removed. My credit is shot. and i have no way of knowing what i can do to get this cloud removed....

Grateful to any help

[nextwife]

Ask your title company if they will either hold an escrow sufficient to cover lien, interest and costs until expiration of the lien, and use the escrow to clear title (offer affirmative coverage over the matter) on all the subsequent lots, or, perhaps they will accept an indemnification if you have a good solid business relationship with them and the resources to make good if the plaintiff does come after them.

Good luck.

[Cappy79999]

Talked with title company and have not had a past business relationship with them did not seem too promising.

Is there not any legal way to remove this ?. I went to same court ( no attny ) and judge stressed that he can not give me legal advice but IF i can show him where he has any legal authority he would be willing to help me remove this. He kind of Stressed the words Authority like there was a way to handle this but he could not give advice. he even went as far as to say that when i do get it arranged that i can call clerk and ask her to put it on roll ASAP and he would be happy to help ( exact words ) I have searched internet ( cannot aford a lawyer at this point i am totally broke.

Sad part is there is NO REASON why this should be on me i was out of other company for 2 years when it was awarded. They had moved to another part of the state and seems like they broke company spending wildly. I never knew it was on until son built home. now it seems like i will lose everything because there is no way to remove this that i know of.

Is there any other way to remove this ?????

[Ohiogal]

[url]http://www.oag.state.tx.us/opinions/op48morales/dm-366.htm[/url]
could possibly help.
[url]http://www.usdoj.gov/osg/briefs/1989/sg890289.txt[/url]
[url]http://www.stewart.com/docs/jg04003.doc[/url]

also think due process

[seniorjudge]

This will be happening more and more with mortgage companies, etc. going out of business.

One cheap and easy way I've seen it handled is to file a declaratory judgment against the company. Of course they do not answer since there's no one to answer.

[Cappy79999]

Ohiogal & Senior Judge

Thank You for your reply and help. I have read the papers from Ohiogal and i am not an attny and really do not understand it fully. I DO UNDERSTAND that you cannot give me legal advice and by no means will i take it as legal advice. This is just a board to share knowlage of your expertise. Maybe if i try another way it will be ok to explain it in terms i might understand ?. I can replay the scene that happened it court and you could explain what you would do in the same sitiation ?.

I filed a Motion to Vacate and an Order To Vacate with the District court. This is the same court that the judgement was filed in. It was filed and awarded Without my knowlage. I did not know that it was There until i had given my son 5 acres of property and he got financing to build his home.

I had court date and went in front of the judge and explained this to him. (and i know i am repeating this in the post but trying to make sure i explain correctly ) . The judge told me that he cannot give me legal advice and that IF I can show him where he has the legal authority to vacate this he WILL vacate the judgement. He stressed this several times when he explained it to me that i needed to SHOW him where he has legal authority to vacate this then he Said " When you show me i have the legal Authority to vacate this i will " the way he stressed this was that there is a way to get this done.

I checked with the district clerk and the judge DID NOT deny the motion to vacate he left it open for me to come back. Judge did tell me that when i Had what i needed to call clerk and they would put it back in 1st available spot for me to see him again. if i remember it correctly ( and i HOPE i am he did say i would file again.

I guess best way to approach this is IF it was you that had this situation against you . What exactly would you do to get this removed. again i do understand you are NOT giving legal advice by any means. Just a learning process

i Have worked hard for 30 years. Served in milatary went in on my 17th b-day served my time. Came out never been in trouble with the law in any way form or fashion. Only had one speeding ticket in 30 years and i am going to be ruined by something i was not a part of. i think at this point i am desperate and cannot lose all that i have worked for but i am 2 or 3 weeks from losing it all. I understand i need help and quickly. cannot even afford an attny anymore so i am doing this myself.....so any advice or just a scenerio of what you or anyone with the knowlage of how it should be done would be Greatly appreciated.

sorry to repeat this but hoping to get it in terms i can understand

[seniorjudge]

Hire a lawyer who practices in front of that judge a lot.

[lcannister]

Originally Posted by seniorjudge

Hire a lawyer who practices in front of that judge a lot.

OP can't afford an Atty.

[Cappy79999]

Guess simple way to ask**************.

Under what authority can a judge Vacate a judgement ?

[Ohiogal]

Originally Posted by Cappy79999

Guess simple way to ask**************.

Under what authority can a judge Vacate a judgement ?

If something is wrong with the judgment as in the links I provided you.

[Cappy79999]

Thank you ohiogal....ill look and see what i can find i have never seen the judgement si i will have to get copy of it and check...again thank you for your time and effort

[Cappy79999]

Thx for help all

Ohiogal i did get copy of Abstract Judgement and noticed it shows where other 2 people on it were served Citations ( 3 people on judgement ) but does not Show or Say i was served a citation ( which i never was ) That is listed under Fatal Flaws****************************Could that be the answer ?

[seniorjudge]

Originally Posted by Cappy79999

Thx for help all

Ohiogal i did get copy of Abstract Judgement and noticed it shows where other 2 people on it were served Citations ( 3 people on judgement ) but does not Show or Say i was served a citation ( which i never was ) That is listed under Fatal Flaws****************************Could that be the answer ?

Get a copy of the entire file, especially the docket entries. There should be something in there showing how you got served (if, indeed, you did get served).

[Cappy79999]

Just my curious nature

I keep seeing where an Abstract Judgement will last 10 years ( which i knew that ) Unless it becomes Dormant.

What causes an abstract judgement to become Dormant ?. I have looked for answer on internet and i see in most answers that AJ will last 10 years UNLESS it becomes dormant. I never can seem to find answer as to what Causes it to become dormant.

Am sure it will not help my case any and i have hired a lawyer to help with mine he is at courthouse today getting all records he can find on it and says he can remove it easily. But i was just curious as to what can cause AJ to become dormant as i cannot find answer mu curious nature was hoping domeone here could explain that to me.

Also when i asked him him Charges for doing this he said that 2k would seem very High for this ( which i agreed of course hehe ) odd answer to me for charges but i mentioned 500.00 to 750.00 would seem fair to me and he agreed. My 2nd question i guess is this a fair charge ?.


Thank you all for your advice and help here you have been very helpful to me. Just wanted to Say thanks

[Cappy79999]

Hi All

I did some Reasearch and found the Attny that did the judgement 9 years ago seems she is with another office that does same type work evictions and judgements. Its kind of odd but i have Made many calls and they tell me she is in but all i ever get is voicemail. I have tried E-mail ( her office gave me here address )

I cannot get any Response from her at all she will not answer calls nor will she answer E-mails. Any suggestions ? I have left at least 10 voicemails and no response. sent her a long e-mail explaining my situation to her and told her i would do whatever needs to be done to get a Release from her but can get no respone at all**************.....is there any other options ?. I am trying to get in contact and would be willing to work something out but cannot get and respone from her.

did check court records and it says i never signed for anything but that a server talked with me. That is not true !!!!. i was never approached by a server. of course this is 9 years ago and its his or her word against mine.

Asking help again.....Thanks in advance for any suggestions