Legal Question in Credit and Debt Law in Georgia
A 14 year old judgment that was against my wife before our marrage
My wife had a reposession back in 1986 before we were married. It was in her name.We lived in Fla at the time. We moved to Ga several years ago and we received a judgement in the mail today from Ga called a uniform inforcement of foreign judgements law, O.C.G.A.9-12-130 ET SEQ. It has the old plantiff on it where it was filed in 1988 in Fla. The original judgment was 4400.00. itnow is in access of 15000.00. I know that there is something that can be done about this but not sure what to do. Please help. Thank you
1 Answer from Attorneys
Re: A 14 year old judgment that was against my wife before our marrage
There are quite a few facts that need to be known before your question can be answered. For starters, in order to use the Uniform Enforcement of Foreign Judgments Law, the creditor has to have obtained a judgment against your wife in another state (I assume that the what you received in the mail was directed at your wife and not both of you). Did the creditor ever sue your wife?
A wealth of other questions arise, like: (1) Was the repossession done correctly?; (2) Were all the proper notices given?; (3) If a previous law suit had been filed, was it procedurally correct? Believe me, there are more questions to be answered.
So what is the advice? Call a lawyer. Not only will the lawyer be able to assist you with the Uniform Enforcement of Foreign Judgments Law mailing you received, but, if the debt is collectable, the lawyer may be able to arrange a suitable settlement.
This answer, though responsive to the question is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.