How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Sam Your Own Question
Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
10707909
Type Your Legal Question Here...
Sam is online now
A new question is answered every 9 seconds

I received a Praecipe of Revival that was delivered

Customer Question

I received a Praecipe for Writ of Revival that was delivered to me by the Sherrif's office today. I have no idea what this is and don't even think that I had the credit card in 2009. What should I do with this notice?
Submitted: 2 years ago.
Category: Legal
Expert:  Sam replied 2 years ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
The Writ is to have a current lien renewed. So the judgment has been placed against you and there has been a lien against since that time.
And given that a lien needs to be renewed every 5 years, I suggest it has been in effect since 2010 sometime.
The law says
Rule 3031.1. Judgment of Revival. Lien.
(a) A judgment of revival when entered in the judgment index shall continue or create a lien as provided by Rule 3027(b) governing the lien of a writ of revival. The lien shall continue for five years from the date the judgment was entered in the judgment index unless the judgment is sooner discharged or the lien is sooner revived.
(b) If an interest in real property subject to the lien of a judgment has been acquired by a terre-tenant, a judgment of revival entered against the terre-tenant shall not be a personal judgment against the terre-tenant and shall not extend to any other property of the terre-tenant.
I suggest that you need to take it to the clerk of the court and request the forms needed to oppose the renewal
Customer: replied 2 years ago.
So if I do nothing the judgement that I am unaware of stays and is reported on my credit? If I go to the Clerk you are saying I can have this stopped?
Customer: replied 2 years ago.
I don't even remember ever getting anything about this at all. Can I ask for proof or will that open a pandora's box that I don't want to open?
Expert:  Sam replied 2 years ago.
Hello1 - Yes, that is correct. 2 - No, I did not say you could have it stopped. But you can file an opposition to it with a Motion to Vacate based on never ever being served with anything in this regard. I did not guarantee you could have it stopped or that a court would rule in your favor.
Expert:  Sam replied 2 years ago.
I suggest that you can request a hearing De Novo and, if granted, the matter goes back to court to start over again and you can at that time request a verification of debt etc
Customer: replied 2 years ago.
okay, thank you!
Expert:  Sam replied 2 years ago.
You're welcome. Thanking you in advance for a positive rating. Good luck with everything