• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Default Final Judgement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mont

Junior Member
What is the name of your state? Florida

We are trying to straighten out my father-in-law's finances and pulled his credit report in process for a refi on his home....boy, what a mess....

Main concern: $14000 debt that went to court. Public Record 9/2002 with Default Final Judgement on 9/2002.
Subsequently: motion for hearing and "Order Granting Motion for Sanctions and Contempt" filed 8/2003. Three subsequent subpeonas and nonappearences with 3 amended motion for sanctions, last in 5/2004. Last docket entered in 3/2006: subpoena returned, and then it completely dies off. The file status states: Default, Final Judgement.

My questions:
1. Is he in trouble beyond financials only with a public record since a 'contempt' is out there?
2. What should/could be done to arrange payment and forgiveness of this debt/record, especially with the last record of this being back in 3/2006?
3. Can we proceed with the refinance without completing follow through of this public record? It is set to fall off in 9/2009.
4. He has minimal income and SS. No assets besides the house. To date, they haven't attempted to garnish anything. If contact is made with the company, will this reignite the troubles of the past?

We want to help him out, but want to know what is best to do next. We thought a simple refinance of the house would be easy, but this appears to be a major issue on the refi for the underwriters.

Thank you in advance,
Mont
 
Last edited:


Chien

Senior Member
Is he in trouble beyond financials only with a public record since a 'contempt' is out there?
Can we proceed with the refinance without completing follow through of this public record? It is set to fall off in 9/2009.


I’ve combined these questions, since they may reflect a misunderstanding about the FCRA and enforcement of judgments that it important to your question. Understand that I am also making some guesses, based on the information in the post.

While the FCRA provides a 7-year SOL for maintaining the record of a delinquent debt (and, as a practical matter, that really amounts to about 7 years, 6 months), it permits the record of a judgment to be maintained for the life of the judgment and, in your state, that can be 20 years. Thus, the judgment entered in ’02 need not disappear in ’09.

Civil contempt is not unimportant but, from the information posted, I’m led to believe that he was ordered into court (repeatedly) to gather information needed to enforce the judgment and that he ignored the orders and failed to appear. My *guess* is that this led to the contempt orders and possibly civil warrants. If so, the sanctions would have been added on to the amount owing, but the contempt orders and warrants have probably expired. Bottom line: I suspect that he is not in danger of arrest for civil contempt, but everything else matters and increased the amount owing. That would be his/your trouble in effecting a re-finance. I’m not FL and it would be prudent to confirm the speculation with local counsel, but I think the unsatisfied judgment will be the biggest problem, however it sorts out.

What should/could be done to arrange payment and forgiveness of this debt/record, especially with the last record of this being back in 3/2006?
If contact is made with the company, will this reignite the troubles of the past?


They just want to be paid and we don’t know what that will now require. The troubles of the past are also the troubles of the present. You have to contact them and, until they get paid and you know your options, enough said.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top