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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33708
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I was looking into my credit last year and saw I had a judgement

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I was looking into my credit last year and saw I had a judgement against me. I called the courts and it was from an auto accident 8 years ago. I wanted to get it resolved so I called the attorney of State Farm. He said the case was so old he had to dig it out of a box in the basement. Over the years it has accumulated quite a lot of interest. When I wouldn't give them my bank account info, they took me to court to get it. They refused the payment offer I made and hit me back with one that was unrealistic for me at the time. So, last week they completely cleaned out my checking and savings account with no notification...can they get away with that?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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I am very sorry to hear that you got blindsided this way when you were attempting in good faith to resolve this. Unfortunately, if they got a judgment against you, then they have the legal right to try and collect on it as long as the statute of limitations has not expired. In Utah a judgment only has a SOL of 8 years from the entry of the judgment, so apparently you were likely pretty close to the SOL running and the debt being uncollectible.
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But if it was even a day under 8 years from the time the judgment was entered, they can get a garnishment order from the court clerk to clean out any bank accounts they find out about to pay the judgment. They don't have to give any prior notice of doing so because most debtors would just take out the money if they had advance notice...
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The reason it is so much more is the creditor can add in their attorney and court costs and the judgment accrues interest at about 7% per year.
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Although it was deceitful and ethically wrong since you were trying to work with them, it would not have been illegal for them to garnish your bank account.
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I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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