What form(s) might I need to stop a judgement enforcement?

[musicmandoug]

In California, Ford Motor Credit won a judgment against me back in 1994 for about $4,000. Now, the claim is for over $17,000. In 2004, this was removed from my credit report and I was never served a "renewal notice" or anything else for that matter. Additionally, there are not court records indicating that such renewal motion was filed with any court.

Recently, I received a notice from my employer containing a copy of this judgment enforcement order to garnish my wages at 25%.

I wish to file the appropriate forms to challenge the validity of this enforcement order for the following reasons:

1. I believe the judgment was never renewed within 10 years.

2. This belief stems from the removal of this judgment from my credit report.

3. This belief additionally stems form the fact that I was never served anything by process or by U.S. mail. However, I did receive letters from time to time simply stating I owed a debt but nothing more than that.

4. I have never hidden from anyone and 15 years later Ford Motor Credit tries this. Further, I cannot imagine how they found out who my employer was because this is not public information as far as I understand it and nowhere on my credit reports is there any indication of my current employer.

What I want to do is to file the proper forms to challenge the validity of a "renewal notice" and claim exemption on that basis.

So, if anyone reading this might know the proper form to file I would be most grateful.

Thank you in advance,


Musicmandoug

 

[Antigone*]

In California, Ford Motor Credit won a judgment against me back in 1994 for about $4,000. Now, the claim is for over $17,000. In 2004, this was removed from my credit report and I was never served a "renewal notice" or anything else for that matter. Additionally, there are not court records indicating that such renewal motion was filed with any court.

Recently, I received a notice from my employer containing a copy of this judgment enforcement order to garnish my wages at 25%.

I wish to file the appropriate forms to challenge the validity of this enforcement order for the following reasons:

1. I believe the judgment was never renewed within 10 years.

2. This belief stems from the removal of this judgment from my credit report.

3. This belief additionally stems form the fact that I was never served anything by process or by U.S. mail. However, I did receive letters from time to time simply stating I owed a debt but nothing more than that.

4. I have never hidden from anyone and 15 years later Ford Motor Credit tries this. Further, I cannot imagine how they found out who my employer was because this is not public information as far as I understand it and nowhere on my credit reports is there any indication of my current employer.

What I want to do is to file the proper forms to challenge the validity of a "renewal notice" and claim exemption on that basis.

So, if anyone reading this might know the proper form to file I would be most grateful.

Thank you in advance,


Musicmandoug

Before going any further you need to verify whether or not the judgement expired and/or was renewed. A visit to the court would be a good start.

 

[musicmandoug]

Thank you for your reply.

As I searched court records online, there is nothing other than the original court action back in 1994 and now this action in 2009. In between there is absolutely nothing. This therefore, leads me to believe a renewal was never filed.

So, my intent is to challenge this current action by asking for proof and verification of renewal in the proper time frame.

Thank you again...