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TexLaw
TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Hello, My brother had a judgement filed against his business

Resolved Question:

Hello,

My brother had a judgement filed against his business in NJ in 1991 and as far as we can tell it was renewed in 2001. In 2004/2005 (can't remember exact date) there was a lump sum of money withdrawn from his checking account without his knowledge. It appeared that it was sold off to someone else who was able to withdraw the money. I have researched and went to the court and it seems that the judgement was not renewed and dismissed without prejudice. It has also never reported on his credit report. We are not sure if the money they took a few years ago settled it as far as the were concerned. My questions are....How can we find out if this judgement is still outstanding? What if the judgement was filed in NJ but banking, property and work are all in another state.
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.
Thank you for your question.

When a judgment holder obtains satisfaction of the judgment, through a garnishment proceeding such as is indicated in this fact pattern, the court will register the satisfaction in the court's records where the judgment was executed. That means you need to go to the court house and look at the file where the judgment is recorded.

If a judgment was not renewed, then it is likely that the garnishment may have been related to someone else. Thank bank should be able to disclose to you who executed the judgment. However, the judgment might have been filed in a different court and renewed that way.

In short, judgments dont simply go away. Even if they are not renewed they can be revived in a number of different ways. Also, the mere fact that your assets are out of state does not protect them from seizure. A judgment creditor may discover where the assets are and register the judgment in the local court for execution.

Please let me know if you would like further information.

-Zachary D. Norris
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 9 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

Hi,

Thank you for your quick reply. I'm sorry, I'm a little confused by your answer about the garnishment....May have been related to someone else? The bank at the time has changed over a couple of times since the garnishment so there doesn't seem to be any information.

Expert:  TexLaw replied 2 years ago.
Sorry for not being clear. I am suspicious of the garnishment which took place because you are saying that the judgment was not renewed. Most likely, it is due to the judgment. However, there may be someone else out there with a judgment that you don't know about, or it could be related to a tax lien. It could also be fraud. Without more information, it's hard to tell.

You say it looks like the judgment was sold to someone who then withdrew from the account. That seems suspicious to me and I think you should investigate it more.

Even though the bank has changed hands, they should still retain the records regarding the account. If it is a local bank, then check the court records in that county to determine whether there was a writ of garnishment filed.
Customer: replied 2 years ago.
I appreciate your help!

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