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Maverick, Attorney
Category: Legal
Satisfied Customers: 5750
Experience:  20 years experience as a civil trial and appellate lawyer
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is there any way to fight a motion for revival of judgement

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is there any way to fight a "motion for revival of judgement"? the judgement was in Colorado, I now live in Florida. This was a home equity loan attached to a subprime loan.

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At this link you will find CO Rule 54(h) that tells you how a judgment can be revived. If you can show that the creditor has not in some way met the terms of that rule, that would be the grounds upon which to defend the motion. Generally, there is not a whole lot to a motion to revive so the likelihood that the creditor has made a mistake is slim.



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Customer: replied 5 years ago.
I am more concerned about how they can execute the judgement. they are in colorado, do they have to give me notice before they try to garnish my wages or drain my bank accounts, can they find my bank accounts?

They can find your bank accounts based on any checks that you may have sent them in the past. Otherwise they will have to depose you (ask the court for permission to ask you oral questions under oath before a court reporter) to get that information from you.


They do not have to give you notice before garnishing wages or bank accounts if they already have a judgment against you. The revival of a judgment is just a process to keep the judgment alive so that it does not expire.



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