Legal Question in Credit and Debt Law in Arizona
satisfied judgment
can a ceditor collect additional money on a satified judgment ?
1. additional funds never presented to courts during garnishment hearings,
2. judgment has been discharged and satified in full almost 2 years.
3. just placed on credit report just this year 2007 & stating unable to locate debitor and ceditor is telling debitor they this must pay. even though judgment is satisfied in full.
1 Answer from Attorneys
Re: satisfied judgment
It is possible for a creditor to collect money in an amount greater than the judgment and amounts not part of the original court garnishment hearings. Interest and the costs of collecting on the garnishment may be recoverable by a creditor.
Additionally, you mention that 2 years expired since "discharge." Judgments have an expiration date, but may be renewed indefinitely. Depending on the original judgment date and state of judgment, the judgment may be unenforceable against you. If that is the case, it may be possible to dispute the debt and have it removed from your credit.
Also, if a judgment is actually satisfied and discharged, including the extra amounts allowed by law, then the creditor may be wrongly reporting and collecting the debt.
You may have consumer rights that can protect you in this situation. This information is only a starting point, and there may be important unknown factors. You should further investigate and determine your rights now, and decide whether or not to retain an attorney to assist you.
Best of luck.
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