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Candi818

Guest
What is the name of your state? CA

I just found out that a school my stepdaughter use to attend back in 98 filled a lien against me and my husband. We just bought our house and this came up on our credit report, if we would have not done this then we still would not have known about the lien.
Well to try and make a very long story short. We were going thru a custody battle back in 98 and the X-wife wanted to take the little girl out of the state, well we fought as hard as we could and the Judge said she could move to Tenn…

When we first signed my stepdaughter into this school we told them what was going on they said that they usually require a 30 day notice, that the child will not be returning, but because we had no idea what the Judge was going to say plus the school and the teachers had to be interviewed by the lawyers and counselor , the owner of the school said they would waive the fee, If the Judge did in fact allow her ( the x ) to move out of state, well we were told on a Friday that the X could move and by Monday the X-took off. Well needless to say on Monday we called to inform them of what had happened the Owner said he was sorry and to take care… Well we never heard from the school again till we went to try and buy our house.

Needless to say this took place back in 98 and I tried to contact the school to figure this out, well the Owner that filed the Lien is no longer involved with the school he sold it not long after all this mess started back in 98. The school said that a few other parents were trying to get a hold of him also, because he did the same type of thing to them but no one has been able to find him.

My question is how do I clear this up with out paying the court system they want penalties and interest on a 7 year old claim and the price is ridiculous since this lien was filed wrongfully in the first place. What can I do to get my self and my husband out of this mess???
 


JETX

Senior Member
"My question is how do I clear this up with out paying the court system they want penalties and interest on a 7 year old claim and the price is ridiculous since this lien was filed wrongfully in the first place."
*** Was it??? Though you don't say, but presumably this is a judgment lien, correct?? If so, then you were sued and the school got a judgment against you. You are going to have to read the lien paperwork and contact the court listed in it. Get a copy of the 'proof of service' where you were served with the lawsuit. If the notice was not done as required by law, then you would have to file a 'Motion to Set Aside' with the court and ask for a hearing. The court would then hear your arguments (and the other sides) as to not being properly noticed and if they agree, the court can vacate the judgment. Once the judgment is vacated, demand that the lien be removed.
 
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Candi818

Guest
You are right about it being a judgment lien. I did exactly what you said to do, I filed a motion to vacate while my husband was out of town on business well the judge laughed at us and told us he was denying the motion because at the time of the filing back in 98 we were not married and I had no right to file the motion, well I tried to explained to the judge that my husband was out of town and we only had, I think its 15 days to file after you find out about the lien ( I could be wrong ) but we were trying to get everything cleaned up before we bought our house. So he said he would not and did not want to listen to us at all. The matter is still pending and now it is way too late to do anything. And I’m scared to think of how much we actually owe on an issue that was not even suppose to be an issue.

Thank you in advance for your time.
 

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