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John Legal
John Legal, Attorney
Category: Legal
Satisfied Customers: 4631
Experience:  Over 15 years legal experience.
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approx. 19 yrs. ago a very large judgement was entered against

Customer Question

approx. 19 yrs. ago a very large judgement was entered against me in Tennessee. this judgement by the court in state and federal court was based on fraudulent information given to the court. what i need to know is 'is there any statute of limitations on challenging the court decision or the judgement'?
Submitted: 1 year ago.
Category: Legal
Expert:  John Legal replied 1 year ago.
Welcome! Thank you for your question.

You say state and federal court. Are you saying there were two different lawsuits? It should be one or the other. State or Federal Court?
Customer: replied 1 year ago.

it would be in the state of tennessee - davidson county and williamson county. but there was a bankruptcy involved and i guess that would be federal.

Expert:  John Legal replied 1 year ago.
Did you file bankruptcy after the judgment?
Customer: replied 1 year ago.

these questions are for a client and your questions take a few minutes to get answers from him.


this was a federal case because he was in the bankrtuptcy at the time of the trial he was in chape\ter 11 for 12 years all thru this trial.

Expert:  John Legal replied 1 year ago.
No problem at all Perry.

He needs to check to see if the judgment was covered under the bankruptcy. It is possible that the judgment debt was written off through the bankruptcy process.

If the state judgment was not written off there is a limitation on the time to contest the judgment. For judgments the limitation on the time to contest is 30 days from the entry of the judgment. Obviously that has already passed.

I will say that if the creditor is still trying to collect the judgment then it is possible that the statutes of limitations has run on the creditor trying to collect the judgment. A judgment is only good for collection for 10 years in Tennessee. A creditor may extend the judgment for another 10 years by following a specific procedure prior to the first 10 year period running that your client would have received notice.

69.04 Extension of Time.–Within ten years from entry of a judgment, the judgment creditor whose judgment remains unsatisfied may move the court for an order requiring the judgment debtor to show cause why the judgment should not be extended for an additional ten years. A copy of the order shall be mailed by the judgment creditor to the last known address of the judgment debtor. If sufficient cause is not shown within thirty days of mailing, another order shall be entered extending the judgment for an additional ten years. The same procedure can be repeated within any additional ten-year period until the judgment is satisfied."

http://www.tsc.state.tn.us/OPINIONS/tsc/RULES/TNRulesOfCourt/02civp.htm#69

If the procedure is followed then it is possible that the judge is good until 20 years has passed.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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Thank you,

John

Customer: replied 1 year ago.

you concentrated only on the judgement issue. what i need to know is if fraud was presented to the court is there a statute of limitation that applies to challenging or opening the case again?

Expert:  John Legal replied 1 year ago.

Unfortunately no. The case, even if there was fraud, cannot be appealed (over turned) after 30 days. That is a hard and fast deadline for Civil cases. Criminal cases have exceptions for fraud, etc.

 

I concentrated on the judgment Statute of Limitations because that is the only hope.

John Legal, Attorney
Category: Legal
Satisfied Customers: 4631
Experience: Over 15 years legal experience.
John Legal and 6 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

dear mr. legal: i have been told this afternoon by a nashville, tn
attorney that there is no statute of limitations on fraud presented to
the court, which is exactly the opposite of what you told me. ????? p[erry
XXXX

Expert:  John Legal replied 1 year ago.

Perry,

I am not sure what you discussed with the attorney. Based on the information you provided, I gave you the law in the situation. The legal analysis of a case is always much better when you are able to have a full in person discussion with the attorney. The attorney can bring out facts that can make a huge difference in even the application of law.

I will opt out of the question to see if another expert would be better suited to help you further.

John

Expert:  socrateaser replied 1 year ago.
Hello,

Different contributor here. Please permit me to assist.

Tenn. Rules Civ. Proc. 60.02 provides that a state court judgment may be set aside on grounds of fraud within one year of the date of entry of judgment. However, under the rule, there is no statute of limitations where the fraud is committed "upon the court." There is also no statute of limitations when bringing an independent action to set aside judgment based upon fraud. However, in an independent action, judgment will be set aside "only under unusual and exceptional circumstances" and "where no other remedy is available or adequate." See, generally, BLACK v. BLACK, 166 S.W.3d 699 (2005).

Hope this helps.

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