Legal Question in Credit and Debt Law in Louisiana

judgement

I am disabled and receive only $524.00/mth in income. I own no property or vehicles. Capital One sued me and obtained a judgement against me which I can never pay off due to my circumstances. How long will this stay on my credit report and how long will I be held responsible for this judgement to be paid?


Asked on 7/29/07, 9:35 am

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: judgement

Dear Friend,

The judgment can be, and probably has been, recorded in the Mortgage Records of your parish and will act as a judicial mortgage against any immovable property you now own or may hereafter acquire; and, this recordation will remain valid for a period of ten years, dating from the date of the judgment, and it can be reinscribed for subsequent ten-year priods. The judgment can also serve as a basis (right) of the creditor (Capital One) to seize and have sold to satisfy the debt any movable property, including wages and/or other income, you may own that is not exempt from seizure. I feel reasonably sure your monthly disability check is so exempt from garnishment (seizure). It would be interesting to know the amount of this judgment to better answer your question; but, regardless of the amount, you might want to consider whether or not you are a candidate for a Chapter Seven (7) Bankruptcy to discharge this debt. As to how long it will affect your credit, surely it will do so for as long as it remains recorded against you and is not discharged by the passage of time, not paid off and/or not discharged in bankruptcy. If I knew the amount of the judgment, I might be a bit better able to advise you on the legal aspects of your judgment debtor status. Good luck! Feel free to call me to discuss this. No charge for just talking on the phone. Again, good luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

[email protected]

Read more
Answered on 7/29/07, 10:13 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Louisiana