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Message
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.
1
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.
Posted on 4/21/14 at 9:13 am to rmc
I never received service of process and the court clerk gave me the history of the file in the small claims system. She told me any lawyer would be able to look at the history of the file and would know how to vacate it, but she couldn't give me further legal advice as an employee of the court.
She mentioned 3 years in our conversation but couldn't say more as it would be legal advice.
I think I'll just spend a few hundred dollars on a lawyer to get it resolved.
She mentioned 3 years in our conversation but couldn't say more as it would be legal advice.
I think I'll just spend a few hundred dollars on a lawyer to get it resolved.
This post was edited on 4/21/14 at 9:14 am
Posted on 4/21/14 at 9:52 am to GoIrish02
whats the case number?
Posted on 4/21/14 at 7:30 pm to theOG
Lol
I suggest not giving the case number on here
I suggest not giving the case number on here
Posted on 4/21/14 at 7:37 pm to GoIrish02
The judgment is not expired. You'll need to file a petition to have it vacated, or better yet, track down the contractor and offer him a settlement. Vacating the judgment will cost you some money, and if you don't settle ( and get a good release) he can likely sue you fro breach of contract. Your claims against him for shitty work may be time barred, but I'm far from certain. Good luck.
Posted on 4/21/14 at 8:19 pm to HailToTheChiz
quote:
Lol
I suggest not giving the case number on here
This might be a stupid question, but aside from the OP wanting to remain anonymous, why not? I thought judgments were public record.
Posted on 4/21/14 at 9:35 pm to OTIS2
Tracking down the contractor is not really an option, as the contractor never responded to my dispute in 2007, filed this bogus claim instead, then sold the debt to a law firm for collections, who dropped pursuing the sum in 2010.
The case history shows they tried to serve the petition at my parents' house where I hadn't lived in 15+ years and they knew wasn't a good address.
A petition to vacate for lack of service may be the most expedient option (if such an option exists). I would gladly pay for a few hours of legal work to be done with it.
The case history shows they tried to serve the petition at my parents' house where I hadn't lived in 15+ years and they knew wasn't a good address.
A petition to vacate for lack of service may be the most expedient option (if such an option exists). I would gladly pay for a few hours of legal work to be done with it.
Posted on 4/21/14 at 9:49 pm to GoIrish02
Fine. Get legal advice. 
Posted on 4/22/14 at 7:19 am to ZereauxSum
I was speaking mainly from anonymity perspective.
Posted on 4/22/14 at 9:58 am to HailToTheChiz
I found out that I have one form over 11 years ago. I went down to the court house, they told me I had to get a lawyer or paralegal to draw up a petition...
Posted on 4/22/14 at 8:42 pm to HailToTheChiz
quote:
I suggest not giving the case number on here
ha, for some reason that (anonymity) didn't even cross my mind when i asked.
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