What can you do when someone is trying to revive an old debt?

My husband and I were sued over an accident that occurred 7 years ago. We made payments for a couple years in the amount around $4,000. The lawsuit was for around $17,000. We stopped making payments due to job loss. My husband’s license was revoked. The debt time period has now expired and it has been removed from our credit report. The lawyers for the insurance company who sued us are trying to revive the case. We got documents delivered to our door stating: Order to Amend Caption. They added my name to the original lawsuit as well as my husband. They also included: Parte Motion for Revivor of Judgement which includes Pattern Interrogatories that ask a bunch of financial questions. We really have no assets, we rent our house, our car is worth $300, but we do own our own business. I am wondering what my rights are here. Should I just fill out the questionnaire and send it to them or is there something else I can do because the time limit has run out?

Asked on November 3, 2011 under Bankruptcy Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, you should really consult with a personal injury attorney about the situation that you are writing about. If there is a judgment against you resulting from the prior accident, then the judgment creditor can file an application to renew the judgment in that in many states in this country, a judgment is only good for 10 years, but it can be renewed for another 10 year period.

This is what it sounds that the judgment creditor is trying to do. The judgment creditor is seeking to get paid on the judgment. If you do not have the assets to pay off the judgment and your liabilities greatly exceed your assets, you might consider seeing a bankruptcy attorney as well.

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