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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have a pretrial hearing for a judgement in Montana for a

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I have a pretrial hearing for a judgement in Montana for a bad check. This apparently happened 10 years ago and I am just finding out about it. I have bought a house and two vehicles since then and nothing has come up on my credit report about it. In order for me and my wife to get a loan for our house we had to pay off any outstanding debt. Is ther anything that I can do, and also has the statute of limitations passed? Any help would be greatly appreciated. I have no idea what to do.

How did the hearing come up over the judgment?

Did you file a Motion to Vacate the judgment? Or can you explain further how you are in court at this point?
Customer: replied 3 years ago.

I have not filed a motion to vacate. The pretrial hearing is for a previous judgement in a different county. I was under the impression that everything was taken care of because I hadn't heard anything from anyone about this until recently. I sent in a denial of debt owed because I didn't know who the original debt was owed to and I wasn't about to just send money to someone I had no idea was asking for the money. I talked to the collection agency and they would not give me any information.


I think we have some terminology confused.

If there is a pre-trial hearing, that means that there is a trial that is approaching. When there is a trial that is coming up, there is no judgment yet.

A judgment only comes after a trial has occurred.

So, I'm very confused as to your situation.

You've apparently been sued over a debt and are about to have a trial to determine whether you owe on the debt or not.

What I'm curious to is what you believe happened 10 years ago?
Customer: replied 3 years ago.

There was a bad check written and was sent back. A money order was then sent back to the company making sure they got the money. That was the last I heard about it.

OK. And now there is a collections company that has sued you.

And this all occurred 10 years ago.

What are they suing you for exactly? Do you have the "summons" that they served on you with their statement of claim?

Is there any way that you can get proof that you sent the payment to the company via money order?
Customer: replied 3 years ago.


Plaintiff Collection Bureau Services, ln, complains and alleges

as follows:

1. Plaintiff is a Montana corporation with its principal place of business located in ____ County, Montana.

2. To the best of Plaintiff's knowledge and belief, Defendant resides in ______ County, Montana.

3. Plaintiff obtained Judgment against Defendant in the _____ County Justice Court on 03/12/03, in cause number xxxxx-xxxx in the amount of $xx.xx. After adjustment for payments and due to accrual of interest and costs, there remains the amount of $xx.xx due on the Judgment.


Plaintiff demands judgment against Defendant(s) (jointly and severally) for $xx.xx plus $xx.xx filing fee, and the process server's fees, to be determined, post judgment costs, prejudgment interest and post judgment interest at 10 percent per annum, if provided for by law or contract, should Plaintiff prevail.


Sorry for the delay in getting back to you.

Thank you for supplying this information. I see what's going on now. A judgment lasts for 10 years. At the end of the 10 year period, the judgment creditor (the Plaintiff in this case) has to get the judgment renewed. That is what is going on here.

There is not much that you can do about this situation as the Plaintiff is entitled to renew the judgment. What you can do is make sure that the numbers asserted are correct.

Is the Plaintiff accurately reporting to the court the payments that you have made on the judgment?

Is the Plaintiff accurately reporting to the court the amount of interest that has accumulated on the judgment?

These are the issues you need to look at.

It also appears that the Plaintiff is requesting joint and several liability against you and someone else (I'm assuming your wife). Was your wife liable on the first judgment? If not, then you need to show up to the hearing with your wife and tell the judge that there is no basis for joint liability against your wife (the Plaintiff has to prove that it is entitled to this).

Second, the Plaintiff is requesting that the filing fee, attorneys fees, and process server fees be added to the judgment. You need to show up and say that the Plaintiff is not entitled to add these costs to the judgment when it had done nothing to collect on the judgment.

That being said, can you explain the reason you have not paid the judgment off already?
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