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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I have a judgement, but on the court document it doesn

Customer Question

I have a judgement, but on the court document it doesn't list my DOB or social security number; is there a way out of the judgement? It says unknown on the document. Also, if I move to tennessee and buy a home, will the judement be applied there? The judgement is more than 10 years old and says homestead exempt. I f i but the the home and remove all my cash (a fairly large amount from an out of state bank, can I file bankruptcy, and will this seem suspicious, and be problematic in court?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.
Hi JACustomer,
Is the judgment from a Circuit Court or from a General District Court?
Customer: replied 6 years ago.

It was awarded in the General District Court and later registered in the Circuit court.

At that time I understand the duration for a judgment in VA was 10 years, but they uped it to 20 during that time.Does that matter?

Expert:  cfortunato replied 6 years ago.
The duration - only 10 years in District Court - is why I asked.
In any event - the fact that the judgment does not have your DOB or Social Security number does not make the judgment invalid.
If the judgment says "Homestead Exempt", this will apply in Tennessee also.
If you file a Bankruptcy, the Bankruptcy trustee can ask for your bank statements for the past 6 months. If he sees a large withdrawal, he will ask you where the money is.
Customer: replied 6 years ago.

If the duration is shorter, say 10 yrs in TN, does that matter, or would they go by the 20 yr duration in VA? Do I have to file documents to make the home rcorded as my homestead, or is living in it and having the address onmy drivers license enough?

So if I remove the money from the bank and wait 6 mo. there would be no problem?

Would it be better to close the account or leave a small amount in it?

Expert:  cfortunato replied 6 years ago.
I don't know the answers to all of the additional questions, so I am sending this question back for someone else to help you further.
Customer: replied 6 years ago.
OK. Thanks.
Expert:  cfortunato replied 6 years ago.
You're welcome!
Customer: replied 6 years ago.
Relist: Incomplete answer.
another thing I'm unclear on is if the judgement is still active. It was awarded in General District Court, but I have a document that states it was recorded in the Circuit Court a few months later.I understand that at this time the limit is 10 yr in GDC, allowed to renew for 10 yr, and 20 in CC, allowed to renew 20 yr. Also, at the time it was awarded in 2000, the time limit was 10 years, but in 2004-2005 it was allowed to be renewed for another 10 years; does that apply to judgements awarded only after 2004-2005, or all current judgements?
P.S. please take into consideration that the law info I provide may not be correct. If not, please tell me what is.
Expert:  cfortunato replied 6 years ago.
Question was sent back for someone else to answer.