Abstract of Judgement Question

undefinedWhat is the name of your state? Southern California.

When my husband and I tried to refinance our new home, we were told from the title company we could not proceed as, they had discovered a SEARS "Abstract of Judgement" record. It is filed in the Los Angeles Municipal Court System (entered on October 2, 1995, recorded June 5, 1996). The debt was created by my husband and his ex-wife when they were married then. His ex-wife declared bankruptcy after they divorced, my husband did not. I am told they can't legally go after her for this money, but the can go after my husband as both their names were on the SEARS account.

I was successful in getting this debt removed from my husband's credit report on the three credit reporting companies (Experian, Equifax and Trans Union) as the 10 year limit had expired, I had no idea that a judgement was filed.

My first questions are, do Abstract of Judgements ever expire? If so, how long does it take in the state of California.

My second question is, if it does not expire, how long does it take to get this information removed from the Los Angels County Municipal court records? And how does one go about getting it removed from there?

Also, this debt was sold by SEARS to a Citibank branch in Kansa City, MO. They are the ones that I would send the payment to, to finally "clear" this debt. However, when I asked the Citibank Protfolio analyst on this matter if they would send me a letter stating that if I payed them the money owed, would they send me a letter stating that they would get this information cleared off the county records. The analyst said that that is what they would do, however, she could not send me a letter stating that, as their lawyers said they couldn't authorize a letter stating that. Well, needless to say, I am not sending them any money until I get confimation in writing that they will indeed clear the record.

My final question is, what type of lawyer would I contact to help me get this cleared?

Thanks so much!
Tracey

"My first questions are, do Abstract of Judgements ever expire? If so, how long does it take in the state of California."
*** What you are describing is more accurately called a 'judgment lien' and they can expire. A California judgment is valid for 10 years and renewable. At this point (until at least 10/2/2005), the judgment and lien would still be valid. And if it is renewed by the creditor, it will remain for another 10 years.

"My second question is, if it does not expire, how long does it take to get this information removed from the Los Angels County Municipal court records? And how does one go about getting it removed from there?"
*** See above.

"Also, this debt was sold by SEARS to a Citibank branch in Kansa City, MO. They are the ones that I would send the payment to, to finally "clear" this debt. However, when I asked the Citibank Protfolio analyst on this matter if they would send me a letter stating that if I payed them the money owed, would they send me a letter stating that they would get this information cleared off the county records. The analyst said that that is what they would do, however, she could not send me a letter stating that, as their lawyers said they couldn't authorize a letter stating that. Well, needless to say, I am not sending them any money until I get confimation in writing that they will indeed clear the record."
*** Once you pay the judgment in full (amount, plus ALL interest, plus costs), then the judgment creditor is REQUIRED to file a 'Satisfaction of Judgment' with the court. You can also request that they file a 'Release of Lien' form with the court recorder (to clear the lien). Make sure that they provide you with a copy of BOTH forms.

One BIG warning on this.... the judgment has accrued 10% per annum interest since it was rendered..... and with almost 10 years, that is going to be a large amount.... over twice what the original judgment was. I would suggest you start right now and try to negotiate a settlement of this judgment in WRITING.

"My final question is, what type of lawyer would I contact to help me get this cleared?"
*** Any competent licensed attorney should be able to handle this. However, this is a fairly simple matter if you are willing to pay the amount owed..... and shouldn't need an attorney.

Thank you so much for your advice. I really appreciate finally getting some light to "shine" on this!

Also, the debt is actually the original payment amount (with no penalities or 10% per annum interest since it was rendered) . They sent us a fax stating that.

I am just waiting for the to send me a fax stating that a we are up to date and that I will receive 'Satisfaction of Judgment' aloing with the court. I will also request that they file a 'Release of Lien' form with the court recorder (to clear the lien).

I will make sure that they also provide me with a copy of BOTH forms.

Again, many thanks for taking time out of your schedule to help!

Tracey

Of course, you're welcome.
Now, you must go out and do a random act of kindness for someone else!!

Update:

Citibank is now telling me that they will not send out a letter stating that once I send them a check, they will inturn send me copies of the two forms we mentioned. They state that their "lawyers" will not allow that.

I left a message with them saying that I need to speak to her manager or superior, as I do not think I am asking for anything above and beyond a "good faith" letter.

Any thoughts...as I do not want to send in the payment until I know for sure I will be getting those forms.

Thanks,
Traceu

something is beginning to smell at citibank.

Yet ANOTHER update!

Just got a call from Citi/Sears legal division. They are now offering to get me a "good faith" letter stating that they will send the forms once the payment it received...However, that will take approximately 180 days to do so! WOW, well I can wait since the payout number will be the same! AND, I am sure that this new "form letter" they are going to approve will also be helpful, as I am sure I am not the only person in the world who would ask for such a letter.
ONE FOR THE LITTLE PEOPLE!!!