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Can I file a motion in Florida to dismiss a revived New Jersey judgment?

Can I file a motion in Florida to dismiss a revived New Jersey judgment?

Q: Do judgments expire in New Jersey?

In New Jersey, a judgment does not automatically expire but can become unenforceable after 20 years. However, a creditor can revive a judgment before it expires, extending its enforceability. If you believe a judgment has expired or was improperly revived, consult with a legal professional to explore your options.

Full question:

An atty revived a judgment from 1989 in 2009 in NJ. A credit collection agency said for me to send them 150.00 to have the judgment dismissed. I never received a copy. Can I file a motion here in FL to have this dismissed? I was never served. The revival of judgment was filed in NJ in 2009. I have lived in FL since 1995. What is my best course of action on this? The judgment was revived one week prior to the expiration of 20 years. I was never notified of any of this until recently. It has never showed on my credit and I received no calls or mail on this in over 25 years. A supposed debt of 1400.00 is now 10,000.00. What would you advise?

Category: Judgment Liens
Date: 04/07/2025
State: Florida

Answer:

If a judgment was issued in New Jersey and a judgment lien was filed against you, you must file a motion to dismiss in New Jersey. However, you may also have options in Florida, depending on the specifics of your case, such as the terms of the contract regarding where litigation should occur and where the transaction took place.

Jurisdiction refers to the area where a court has the authority to operate, while venue is the specific location within that area where the case should be tried. Each state has rules about the proper venue for different types of lawsuits. In criminal cases, for example, the venue is usually where the crime occurred.

It’s unclear whether you paid the collection agency to dismiss the case and if they were authorized to do so. If they were, you might have a breach of contract claim against them. We recommend consulting a local attorney who can review your situation and documents.

In some cases, you may negotiate a settlement with the creditor, although this can be more challenging once a lawsuit is filed. Creditors might accept a lower amount if they believe you cannot pay the full debt. If you reach a settlement, ensure you get a release to prevent the creditor from pursuing the remaining balance.

If you need assistance negotiating with creditors, consider reaching out to a nonprofit debt counseling organization. You can find a list of authorized counseling agencies at the U.S. Trustee website, (select 'Credit Counseling and Debtor Education'). However, avoid paying anyone to 'fix' your credit.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to fight a motion for revival of judgment?

To fight a motion for revival of judgment, you can file an opposition in the court where the judgment was originally issued. Present evidence showing that you were not properly served or that the judgment should not be revived due to lack of notice. It's advisable to consult an attorney who can help you prepare your case and ensure all legal requirements are met.

How to fight a judgment against you?

To fight a judgment against you, consider filing an appeal if you believe the judgment was incorrect. You can also file a motion to vacate the judgment if you were not properly served or if new evidence has come to light. Consulting with an attorney can provide guidance tailored to your situation and help you understand your options.

What happens after a judgment is entered against you in NJ?

After a judgment is entered against you in New Jersey, the creditor may seek to collect the debt through various means, including wage garnishment or bank levies. You will receive a notice of the judgment, and you may have limited time to respond or appeal. It's important to review your options, including negotiating with the creditor or seeking legal advice.

How to respond to a motion for judgment?

To respond to a motion for judgment, you should file a written opposition with the court, outlining your reasons for opposing the motion. Include any supporting evidence or documentation. It’s crucial to adhere to the court's deadlines for filing your response. Consulting an attorney can help ensure that your response is properly structured and persuasive.

Do judgments expire in New Jersey?

How do I stop a judgment collection?

To stop a judgment collection, you can negotiate a settlement with the creditor or request a payment plan. If you believe the judgment is invalid, you may file a motion to vacate it. Additionally, if you can demonstrate financial hardship, you may request the court to stay collection efforts. Legal advice can help you navigate this process effectively.