What to do if my wife had a judgement from 14 years ago for a credit card which was not paid?

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What to do if my wife had a judgement from 14 years ago for a credit card which was not paid?

We were living in the same state at the time but at a different address. We never heard anything else about this judgement. Then, 2 years ago, we moved to a different state. About 2 months ago, my wife’s bank account was liened for $1389 plus interest. Doing some research we found that after 10 years the judgement in the original state expired. The bank sent us a copy of the judgement and it was never renewed. I believe this is now a time-barred debt. How do I get the funds back?

Asked on October 23, 2012 under Bankruptcy Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are correct that most judgment is not renewed within ten years expire. In order to get the $1,389 amount back you can make a demand for its return to the judgment creditor but most likely your request will be ignored. The best way to get recourse would be to sue the judgment creditor in small claims court to get back the money levied on the expired judgment.

Such would be the least expensive course of action for you.


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