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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 8953
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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I have a couple of judgements that were issued in 2009 and

Customer Question

I have a couple of judgements that were issued in 2009 and now want to sell a house. Are these judgements still in effect or are they obsolete with the practices in Georgia! Evidently they have been sold several times!
JA: Have you talked to a lawyer yet?
Customer: Years ago we talked to a lawyer about going bankrupt is all. We didn't do it!
JA: What state are you in? And has anything been officially filed?
Customer: Georgia. And no, nothing has been filed!
JA: Anything else you think the lawyer should know?
Customer: We have no money to pay these judgements and wonder what would happen if we had a buyer for the house we want to sell!
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.
Submitted: 10 months ago.
Category: Estate Law
Expert:  LegalGems replied 10 months ago.

Thank you for your patience as I researched this for you. Unless the judgment is for child or spousal support, the judgment expires 7 years after the judgment is entered, unless the judgment creditor renews it with the court- here is the statute: so unless the judgment is acted upon or it is renewed, it will become dormant. For an active judgment, the creditor may levy real property and personal property, garnish bank accounts, and attempt to collect it in any way authorized by law.

The statute is below:

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

9-12-60. When judgment becomes dormant; how dormancy prevented; docketing; applicability

(a) A judgment shall become dormant and shall not be enforced:

(1) When seven years shall elapse after the rendition of the judgment before execution is issued thereon and is entered on the general execution docket of the county in which the judgment was rendered;

(2) Unless entry is made on the execution by an officer authorized to levy and return the same and the entry and the date thereof are entered by the clerk on the general execution docket within seven years after issuance of the execution and its record; or

(3) Unless a bona fide public effort on the part of the plaintiff in execution to enforce the execution in the courts is made and due written notice of such effort specifying the time of the institution of the action or proceedings, the nature thereof, the names of the parties thereto, and the name of the court in which it is pending is filed by the plaintiff in execution or his attorney at law with the clerk and is entered by the clerk on the general execution docket, all at such times and periods that seven years will not elapse between such entries of such notices or between such an entry and a proper entry made as prescribed in paragraph (2) of this subsection.

(b) The record of the execution made as prescribed in paragraph (1) of subsection (a) of this Code section or of every entry as prescribed in paragraph (2) or (3) of subsection (a) of this Code section shall institute a new seven-year period within which the judgment shall not become dormant, provided that when an entry on the execution or a written notice of public effort is filed for record, the execution shall be recorded or rerecorded on the general execution docket with all entries thereon. It shall not be necessary in order to prevent dormancy that such execution be entered or such entry be recorded on any other docket.

(c) When an entry on an execution or a written notice of public effort is filed for record and the original execution is recorded in a general execution docket other than the current general execution docket, the original execution shall be rerecorded in the current general execution docket with all entries thereon. When an original execution is so rerecorded, a notation shall be made upon the original execution which states that it has been rerecorded and gives the book and page number where the execution has been rerecorded. When an original execution is so rerecorded in the current general execution docket, it shall be indexed in the current general execution docket in the same manner as if it were an original execution. Nothing in this subsection shall affect the priority of any judgment or lien; and no judgment or lien shall lose any priority because an execution is rerecorded.

(d) The provisions of subsection (a) of this Code section shall not apply to judgments or orders for child support or spousal support.

Customer: replied 10 months ago.
I entered my Amex card and it won't take it! What is wrong? You keep saying error!
Expert:  LegalGems replied 10 months ago.

I'm not sure as I'm an individual contributor and don't have access to your personal account information. Here is a link to the customer service dept and they should be able to assist.

Expert:  LegalGems replied 10 months ago.

Did you have any questions on the above information?

Expert:  LegalGems replied 10 months ago.

Were you able to contact customer service for assistance on the credit card?

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