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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am asking a question about a situation in Georgia.I am

Customer Question

I am asking a question about a situation in Georgia.
I am the court appointed Administrator for my father's estate.
In 2004 a Loan Company filed for a judgment against my father for a small loan that was made previously, and then subsequently was defaulted on by my father. There were no other signers on the loan. My father had very little means of support, and when he passed in April of 2008 all he had was the house and land on which he lived. He was also delinquent on the property taxes for his property. In 2010, the Loan Company filed a fi fa with the Sheriff, in an attempt to levy his property and possessions to collect the debt. The Sheriff responded to the fi fa by stating that there were no assets to levy. In 2011 the property was sold by the county Tax Commissioner for back taxes. We assumed that the property was sold for the taxes and that was that. As we have just discovered there was an excess above the taxes due that is presently held by the county.
We have found in the records the original UCC filing and the recording of the Judgment, and the levy attempt in 2010. It is our understand that a UCC filing and Judgment is only good for a certain period of time. We can find NO record of the Loan Company ever renewing the lien or the Judgment, anywhere in the records. And, since the tax sale in 2011, there is no record of the Loan Company attempting to collect on the excess funds at the Tax Commissioner's office.
Since time is now growing short before the funds escheat to the county, we are wondering, if the Loan Company has any right to them, or has their right to collect on the judgment expired, since it was not renewed.
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
If they obtained a judgment against your father, the judgment itself has a 7 year statute of limitations from date the judgment was obtained. That means that if they obtained a judgment in 2010, they still have a right to the funds, and only if this judgment is prior 2008 can you argue that they lost the right to pursue the funds. Based on your facts they may be close to that expiration but they haven't expired yet, so they still have a basis to attempt to try to intercept the funds.
Dimitry, Esq.
Customer: replied 2 years ago.
The judgment was obtained in 2004, not 2010, and I can find not renewal of that judgment on file
Expert:  Dimitry K., Esq. replied 2 years ago.
Oh, that changes things. If that is the case and you see no renewal, then they would have no basis to pursue the funds, and you are free to go after the funds yourself.
Dimitry, Esq.