Help - 2 judgements on the same debt?

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Latest post 06-18-2008 10:09 PM by Roc1022. 12 replies.
  • 06-17-2008 4:32 PM

    Question [=?] Help - 2 judgements on the same debt?

    I had a judgement placed on me in Illinois back in 2002. This was for a repo of my car. I moved to Texas in 2004. I now received a civil citation that the finance company is filing a judgement in Texas.

    The finance company closed my account in 2001 and I have never heard anything from them (they no longer show on my credit report and had shown up as closed, charge off). I never even knew there was a judgement filed in Illinois until I moved to Texas. Can they have 2 judgments filed on the same loan?

    I read on here that the statue of limitations is 4 years in Texas. I have only been contacted by a collection agency last year and did not agree to the outragous payment they wanted. Does the judgement in Illinois nullify this limitation?

    The citation was hung on my front door today June 17, 2008 and is dated October 5, 2007. There is a place to sign with officer's return page but it is blank since no one gave this to me. It states that I can employ an attorney and have 20 days after being served (October 7th?) but I never received this until today so should I still contact a lawyer? This has not come up on my credit report yet so nothing has been done.

    In summary: Can 2 judgements be on the same account at the same time? Has the statue of limitations past? Any idea why something dated Oct 4, 2007 was just hung on my door today? Should I still go to court?

    I am an over the road truck driver and to miss a day for court costs me 4 days pay. I won't go into my sad financial state. The judgement is the last bad thing left on m credit report and I don't want another one if it should not be granted.

    Thank you for any advice!
  • 06-17-2008 4:57 PM In reply to

    re: Help - 2 judgements on the same debt?

    SOL in Illinois is 10 years. That is where you contracted the loan. Just because you moved to Texas doesn't mean anything.
    It's not on your CR because CR negatives fall off after 7 years.
  • 06-17-2008 5:02 PM In reply to

    Question [=?] re: Help - 2 judgements on the same debt?

    Thank you, I did not know that. Can there be 2 judgements at the same time for the same debt? Any idea why I would just receive paper work dated 10/4/07 and it does not appear that anything has been done?
  • 06-17-2008 8:09 PM In reply to

    re: Help - 2 judgements on the same debt?

    Are you sure you are clear on what you were served?

    You call it a "citation". Does it say citation on the paperwork? Or something else. What, exactly, does it say.

    A judgment in IL is good for 20 years.

    A judgment from any state is enforceable in any other state. The process is called domestication. Once the IL judgment is domesticated in TX it can be enforced in TX where it's good for 10 years from the original judgment date.

    It's possible that the papers you received was notice that the judgment was domesticated in TX.

    If you are being summoned to court, it might be for a debtor's examination where you would have to reveal your income and assets.

    If you are concerned about losing 4 days pay for 1 day in court, the best way out of this is to pay up.

    If you blow off the court date you could face a contempt citation.



    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 06-17-2008 8:49 PM In reply to

    More [=+=] re: Help - 2 judgements on the same debt?

    The first page lists this as a Civil Citation and under that has a Cause #. It states that you have been sued. If you or our attorney do not file a written answer with the clerk who issued this citation by 10:00am on the first Monday following the expiration of 20 days after you were served this citation and petition, a default judgement may be taken against you. It has the date of filing 10/4/07 and the document is listed as : Plaintiff's Original Petition, Reurest for Admissions, and request for disclosure.
    The amount is for just over $10k and I can not pay that amount all at once. I had tried to make payment arrangement but the collector wanted it paid in full in two payments or said legal action would be taken. That was back in September of last year.

    Thanks for responding.
  • 06-18-2008 1:00 AM In reply to

    re: Help - 2 judgements on the same debt?

    Well, I'm at a loss to figure out why you are getting sued for the same debt if there is already a judgment against you in IL for it.

    I suggest that you find out what happened in the IL case. Might be that the judgment there was faulty and the creditor thinks it might not hold up.





    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 06-18-2008 9:14 AM In reply to

    More [=+=] re: Help - 2 judgements on the same debt?

    So this does seem to be a suit for a new judgement. That is what I thought. The judgement in Illinois was filed back in 2002 and was correct. I did owe the money. On my credit report it lists all correct information. I can't see what was faulty.

    Do you know if the 20 days to respond listed on this new paperwork started back in October or do they start from yesterday? I am concerned that if it begins from yesterday and they do realize that there is already a judgement for this then they will domesticate that one to Texas. If that is going to be done would I be notified? I recently got married and my spouse does work. She also has her own bank accounts that her check is direct deposited into and I am concerned since Texas is a community property state. She had money in a savings as well prior to our marriage but would not want her account seized. Also, since the debt is from Illinois do you know how long they (Texas) will have to collect on it or if it could be reinstated after 10 years?

    Thank you very much
  • 06-18-2008 9:28 AM In reply to

    re: Help - 2 judgements on the same debt?

    Even though Texas might be a community property state I don't think they would go after your wife's account as your debts (judgments) were based on your debts before you were married.
  • 06-18-2008 9:44 AM In reply to

    Question [=?] re: Help - 2 judgements on the same debt?

    Texas considers any money earned after marriage community property - my concern is due to this. If no other money is deposited into her own savings or checking can these account be maintained safely or can it be seized and then she would have to prove it was hers prior to our marriage.
  • 06-18-2008 5:17 PM In reply to

    re: Help - 2 judgements on the same debt?

    "Do you know if the 20 days to respond listed on this new paperwork started back in October or do they start from yesterday?"

    The 20 days is from the date you were served.

    "I am concerned that if it begins from yesterday and they do realize that there is already a judgement for this then they will domesticate that one to Texas."

    It's better that the old one be domesticated than having a second more current lawsuit on your credit report.

    When you file your answer it should include your motion to dismiss on the grounds that the matter was already adjudicated and attach a copy of the previous judgment.

    "If that (domestication of judgment) is going to be done would I be notified?"

    Yes.

    See TX Statute 35.004:

    http://caselaw.lp.findlaw.com/txcodes/cp.002.00.000035.00.html

    "Also, since the debt is from Illinois do you know how long they (Texas) will have to collect on it or if it could be reinstated after 10 years?"

    See TX Statute 34.001:

    http://caselaw.lp.findlaw.com/txcodes/cp.002.00.000034.00.html


    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 06-18-2008 9:07 PM In reply to

    More [=+=] re: Help - 2 judgements on the same debt?

    Thank you adjuster jack, the links were extremely helpful. I do just want to be clear - in your reply you said 20 days from the date served. The date served would be yesterday, even though it was only hung on my door but dated 10/7/07. Since no one signed for it couldn't they have considered it delivered last year?
  • 06-18-2008 9:59 PM In reply to

    re: Help - 2 judgements on the same debt?

    Process service doesn't have to be signed for.

    The process server will file an Affidavit of Service with the court showing the place, date and time of service.

    I seriously doubt that anybody will attempt to say it was delivered last year and then have to explain why it took 8 months to file the affidavit.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 06-18-2008 10:09 PM In reply to

    Thank you for your help

    Thanks for your help.
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