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for socrateaser only Another expert answered a question

for socrateaser only Another...
for socrateaser only

Another expert answered a question for you. Now she does not respond. I am not involved in a capital crime but I do not wait until I am about to receive lethal injection to get a lawyer
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Answered in 49 minutes by:
9/26/2013
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,498
Experience: Attorney and Real Estate Broker -- Retired
Verified
Hello again,

No one here answers questions for me. If someone answered a question with my name on it, their purpose was to help themselves.

Regardless, what can I do for you, sir?
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Customer reply replied 4 years ago

I learned that in New York State judgments are for 20 years. I made an agreement with one creditor lawyer and another with a marshal. A rep from a lawyer called my voice mail and asked me or my deceased wife to call back. I am now able to identify the creditor. Judgment was in 1994. As yet, this creditor was not paid.


 


Please reread the first sentence. With patent law there are constant lawsuits where the defendant denies use of a patent. A lawyer should help a client to save money and not to set a good example. I did not get any mail from the creditor who called. Will the statute of limitations run out here? Please remember I only have social security and pension which is exempt income.

I assume that there is already a money judgment entered against you in a NY State court. If so, then yes, a judgment remains enforceable for 20 years. However, NY CPLR 211(b), provides:

  • On a money judgment. A money judgment is presumed to be paid and satisfied after the expiration of twenty years from the time when the party recovering it was first entitled to enforce it. This presumption is conclusive, except as against a person who within the twenty years acknowledges an indebtedness, or makes a payment, of all or part of the amount recovered by the judgment, or his heir or personal representative, or a person whom he otherwise represents. Such an acknowledgment must be in writing and signed by the person to be charged [emphasis added]. Property acquired by an enforcement order or by levy upon an execution is a payment, unless the person to be charged shows that it did not include property claimed by him. If such an acknowledgment or payment is made, the judgment is conclusively presumed to be paid and satisfied as against any person after the expiration of twenty years after the last acknowledgment or payment made by him. The presumption created by this subdivision may be availed of under an allegation that the action was not commenced within the time limited.

 

You state that you made an agreement, but you have never paid. I further assume that payment has never been extracted from you via garnishment or property levy. If so, then your agreement must have been made in writing and signed by you to be valid. Otherwise, there was no agreement, and the judgment would expire in the year 2014.

 

If you did sign an agreement, then the judgment would be valid from 20 years after the date of signing.

 

Please let me know if my answer is helpful and if I can further assist.

 

 

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Customer reply replied 4 years ago


for socrateaser only


 


 


In 1994 I was employed. I may or may not have responded to the summons. If I did I spoke to a referee. The creditor received judgment for 5 accounts. In some cases I default by not going to court. Regardless, the creditor received judgments. I signed no agreement.


 


I do not know how many accounts the lawyer who called my voice mail is handling.


 


Let us take a hypothetical example. If judgments were in December 1994 does the statute of limitations expired January 1?


 


Also, will this cause a forgiveness or cancellation of debt?

The judgment would expire on the date it was entered into the court docket/register. Example: Judgment entry Dec 12, 1994 -- expiration, Dec 12, 2014.

Hope this helps.
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Customer reply replied 4 years ago

I do know that it is in a defendant best interest not to reinstate the statute of limitations. We agreed that if a lawyer wants information they can serve a subpoena. Also, silence cannot be construed as a reply. Any comment that you would like to add to this?

I agree entirely. In fact, after 10 years from entry, unless the judgment creditor files for a renewal action on the judgment (CPLR 5014), the creditor cannot enforce the judgment by any court means, such as a subpoena or judgment debtor exam. And, since most judgment creditors don't want to spend money trying to collect against a judgment-proof debtor, it's extremely unlikely that a renewal action would be filed.

If this seems confusing, you're not alone -- so is the entire legal profession. CPLR was enacted to permit creditors to enforce a lien on real property for 20 years, because they ordinarily expire after only 10 years. However, the law unequivocally states that no action on a judgment enforceable for 20 years can be taken after 10 years without a renewal action in court. By "action," I interpret any filing in court, requiring judicial orders. This would include a judgment debtor exam, but not the issuance of a writ of execution. So, there are certain things that a judgment creditor is already barred from doing against you at this point, and some things which must wait until 2014.

Hope this helps.
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,498
Experience: Attorney and Real Estate Broker -- Retired
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socrateaser
socrateaser
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Category: Bankruptcy Law
Satisfied Customers: 39,498
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