This question is for a legal opinion on a judgement vs and IRS levy:
A default judgment was granted in California in 1993 against me although I was never served here in Texas of the suit.
The judgment was domesticated here in Texas in 1993 and a writ of execution was was issued on July 13, 1995 but returned nulla bona.
On October 1998 I filed for Chapter 11. The validity of the judgment was then heard in Federal Court
, denied and discharged in March 2002. The Bankruptcy was dismissed in October 2003.
In January 2012, plaintiff files to revive the debt. The district court
ruled against plaintiff and denied the debt revival. Plaintiff appealed and the appeals court reversed the ruling in plaintiff's favor.
We believe the appeal ruled in error and I will file in the Texas supreme court to try and overturn that ruling.
In the meantime, the IRS holds apprx an $800,000 levy, including interest & penalties against all of my assets, however I negotiated a special agreement subsequent to the BR dismissal with the IRS after they reviewed my assets and finding my assets were exempt from collection. They agreed to leave me alone and "check once in awhile" as to any significant change in conductibility. Ever since that agreement in about 2005, they have kept their word and have not pursued me.
I believe my assets remain exempt as in 2005 which I will review again with my local attorney.
My question is if the California plaintiff's judgment is upheld by the supreme court and agrees with the appeals court what is that plaintiff's effective date and does it hold an effective date of revival or is the effective date considered to be the date of domestication on 1993? I'm wondering who hold the debt priority -- the IRS or the California judgement?