Legal Question in Credit and Debt Law in Georgia

In 1982 judgemententered against me for $5,000 by NY Higher Edu ass't corp. Judgement went off credit report in 7 years and wasn't reinstated. After 30 years heard from them in 2009 and a collection company wanted $23,000. I never heard from them in all these years and I was in same place. Can they legally inforce this and if they did not reinstate the judgement every 7 years , they can't really try to collect can they.

What are my right now.


Asked on 4/11/13, 3:36 pm

1 Answer from Attorneys

You do not indicate where the judgment was entered. Georgia? Or in NY? Different states have different laws. The fact that the judgment dropped off of your credit report just means that it is no longer reported. The fact that a judgment has gone dormant is also means that it cannot be enforced. But judgments never go away - once a debt always a debt. What you do about depends on you and your circumstances though.

Judgments in GA can be revived by action even after 7 years, but even there, a limited time applies and it sounds like this has been exceeded here. My gut reaction would be that the creditor cannot enforce, but a lawyer's opinion on a public website without reviewing any of the relevant information and knowing all the details is not worth very much.

All the collector can do at this point is send letters. If you really want peace of mind, go and pay for a consult with a lawyer who handles defense of credit card or other loan debt as they can tell you after reviewing the information. You will need a lawyer in the county/state where the judgment was rendered. If the lawyer agrees that the judgment cannot be enforced and

if you are more daring, you can write back and advise that the judgment is dormant and has not been revived (if this is in GA) and that the judgment is no longer enforceable through wage garnishment or levy on assets. Tell them to leave to you alone. Send the letter via certified mail return receipt requested and see what they say.

If you really just want this resolved because you don't want this hanging over your head anymore and have the funds, nothing stops you from trying to settle for something less than 100%. If the judgment really was for $5,000 offer that and see what they say. Just get any settlement agreements in writing before you send off any money. I would strongly suggest that you consult with an attorney before you agree to pay though.

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Answered on 4/11/13, 7:47 pm


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