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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3635
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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lien over 7 years legal

Resolved Question:

If a court gave a company breach of contract although the judge did not hear or refused to hear your side of the story which is the finance company took the car back after 2 wks to sell the car for cash to a drug dealer. I was late paying my insurance but I was under a graceperiod until payday. I did not have the car 1 month.


 


I just want to add that this finance company has put a lien on my bank account in or approximately 2004  and now with the same breach ofcontract put a lien/transferred the lien to my current bank. Is that correct because I thought liens were time related.

Submitted: 2 years ago.
Category: Legal
Expert:  Zachary replied 2 years ago.

Zachary D. Norris :

Hi,

Expert:  Zachary replied 2 years ago.
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Expert:  Zachary replied 2 years ago.
The situation you are in is different from a regular "lien" which is brought about by contract. In your case the company has a judgment against you and is attempting to enforce it. The only way you can extinguish the liens is by paying off the amount of money you owe in the judgment.

In regard to your statement that the court was not fair with you, it sounds like it is too late to do anything about this. After the court issued the judgment, the law provided you with a time limit in which you could have filed an appeal. This generally around 70 days. However, by the way you are stating the facts, I can tell that it is far past the appellate deadline. As that is the case, you are legally obligated to pay off the judgment.

A writ of execution on a judgment is generally good for approximately 10 years from the date it was issued. This means that for a judgment creditor to actively pursue a judgment, it most go back to the court that issued the judgment every 10 years and request that a new writ be issued. However, a judgment is never extinguished until it was satisfied, and an unsatisfied judgment, such as the one you are facing, does not simply go away by the passing of time.

Please let me know if you have any further questions regarding this subject that I can address for you.

Best Regards,
Zachary D. Norris
Customer: replied 2 years ago.
Relist: Inaccurate answer.
Company never got a judgment the debt was satisfied the creditor took my car and sold it immediately and charged me for Breach of Contract
Expert:  Zachary replied 2 years ago.
You have stated that I provided an inaccurate answer because you said the court never gave a judgment. Yet your original question stated that the court "gave a breach of contract". This indicates to me that there was in fact a judgment. If there is not a judgment, then I'm missing something. What do you believe gives the company a right to place a lien on your accounts in the first place?
Zachary, Attorney
Category: Legal
Satisfied Customers: 3635
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 5 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

You answered as if a judgment last you for the rest of your life but it does not according to Virginia Law it last for 20 years but I am not arguing with you although I know what happened and I know right from wrong. People who know the law or those with money can hire someone to work for them do and can manipulate their evil doing and hide behind the books called Law. I understand what you are saying and with all due respect agree with a portion of what you are saying. I don't feel that it is right to take money from a person who does not have a job and only have a few hundred dollars to buy food and transportation until they find a job or make a job for themselves. The reason time lapsed is because I was manic depressive doing that time and under doctors care. I am not making excuses for myself I just to pay someone that would do me this way.

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