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Expired judgment
Posted on 4/21/14 at 8:25 am
Posted on 4/21/14 at 8:25 am
I'm about to begin the process of refinancing a rental condo I bought & renovated in 2006. I just discovered an outstanding but expired judgment from a contractor who did some of the renovation work, filed in 2007. I never got notice/service of the claim and the judgement was entered by default.
(The contractor was terrible, installing the wrong shower tile, refused to admit it for 2 weeks before deciding to tell me and order the right material and replace it, and he damaged my water heater drain line in the same bathroom too.)
With the 6 week delay in completion and damage they never fixed we agreed verbally to forgo the final payment (about $2,200). I also wrote all this to the contractor and sent it certified mail at the time.
Before I start the title search process, what is the best way to get this judgment removed? It's over 3 years old since being filed (2007) and still shows as outstanding.
Is this something I can petition the court for on my own or do I need an attorney? The court clerk told me any attorney would know how to vacate this issue.
This issue occurred in Orleans parish first city court (small claims).
Thanks.
(The contractor was terrible, installing the wrong shower tile, refused to admit it for 2 weeks before deciding to tell me and order the right material and replace it, and he damaged my water heater drain line in the same bathroom too.)
With the 6 week delay in completion and damage they never fixed we agreed verbally to forgo the final payment (about $2,200). I also wrote all this to the contractor and sent it certified mail at the time.
Before I start the title search process, what is the best way to get this judgment removed? It's over 3 years old since being filed (2007) and still shows as outstanding.
Is this something I can petition the court for on my own or do I need an attorney? The court clerk told me any attorney would know how to vacate this issue.
This issue occurred in Orleans parish first city court (small claims).
Thanks.
Posted on 4/21/14 at 8:35 am to GoIrish02
I am not sure what you mean by expired. If it was entered in 2007, it is good through 2017 under Louisiana law.
If you were never given service of the petition then you may be able to get the judgment annulled. However, that's not something I can see a pro se litigant with no legal experience doing very easily or quickly. You may need to hire someone to get it cleared up. Another possible remedy is to call the contractor and offer some money for him to clear it up.
If you were never given service of the petition then you may be able to get the judgment annulled. However, that's not something I can see a pro se litigant with no legal experience doing very easily or quickly. You may need to hire someone to get it cleared up. Another possible remedy is to call the contractor and offer some money for him to clear it up.
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