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Law Pro
Law Pro, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 24870
Experience:  20 years experience in consumer advocacy, debt collection violations, contracts, construction
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I live in Texas and am currently the defendant in a lawsuit

Customer Question

I live in Texas and am currently the defendant in a lawsuit in Iowa District Court involving the collection of a debt that had been forgiven, 1099'd and reported to the IRS as income. Trial ready date is February 18, 2014. I am concerned that if I lose the lawsuit, a judgment would be entered and my credit severly damaged, preventing me from buying a home. In Texas, your homestead is creditor protected. We are trying to decide whether we should buy a home and claim the homestead exemption before trial in case of an adverse decision.

My questions are: 1) If I lose the lawsuit and a judgement is entered in Iowa, how long do I have before the judgement is registered and implemented in Texas? 2) Will it immediately impact my credit score or do I have some time before I feel the negative ramifications of losing the case?
Submitted: 3 years ago.
Category: Consumer Protection Law
Expert:  Law Pro replied 3 years ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is Fred and I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


Sorry for your situation:


My questions are: 1) If I lose the lawsuit and a judgement is entered in Iowa, how long do I have before the judgement is registered and implemented in Texas? 2) Will it immediately impact my credit score or do I have some time before I feel the negative ramifications of losing the case?

As to #1:

The State of Texas generally adopts the Uniform Enforcement of Foreign Judgments Act. (Civ. P. & Rem. C. 35.001, et seq.) Any judgment, decree or order of a court of the United States or of any other court is entitled to full faith and credit in the State of Texas (Civ. P. & Rem. C. 35.001.)

A judgment creditor seeking to enforce a foreign judgment may file with the appropriate court, an authenticated copy of the foreign judgment and an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor. Upon the filing of the foreign judgment and affidavit, the clerk of the court and the creditor are required to mail a written notice of the filing of the foreign judgment to the judgment debtor at the address given. The notice must include the name and post office address of the judgment creditor and, if the judgment creditor has an attorney in this state, the attorney's name and address. Lack of mailing notice of filing by the clerk does not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. (Civ. P. & Rem. C. 35.004, 35.005.)

A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a court in the State of Texas and may be enforced or satisfied in like manner. (Civ. P. & Rem. C. 35.003(c).)


The plaintiff can basically register the foreign judgment within days of the judgment being entered in Iowa.

#2:

It takes about 30 days for a credit transaction or a negative credit mark to be reflected in the 3 major credit reporting agencies. (CRAs): Experian, Equifax and TransUnion.


As to the alleged debt being "forgiven" - please explain when about the account - when the account was opened and when the last date you made a payment thereon and when they filed suit.
Customer: replied 3 years ago.

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Thanks you answered my question.

Expert:  Law Pro replied 3 years ago.
OK, great!

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Expert:  Law Pro replied 3 years ago.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).

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