QUESTION

How can I get a judgement lifted?

Asked on Dec 19th, 2012 on Debtor and Creditor - Maryland
More details to this question:
The judgement was placed on me about 5 years ago and I never paid the other party, however the individual died last year, so how can I lift up the judgement?
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1 ANSWER

Business Litigation Attorney serving Bethesda, MD
2 Awards
Your question about  judgments after the death of the judgment creditor raises a few important issues that may be of broad general interest to readers of this site. I have been representing clients on both sides of these issues in Maryland and D.C. for over 20 years. Generally, civil, monetary judgments in Maryland last for 12 years and can be renewed. Statutes change regularly and you should not rely on the term being 12 years. Also generally, a judgment is an item of property that can be sold or otherwise transferred by the judgment holder to a third party. During his or her lifetime, the person who got the judgment (the plaintiff, or, after entry of the judgment, the judgment creditor) can sell or give away the judgment. The same can happen through his or her will. In your case, if the judgment started as a valid, civil, money judgment, it is probably still a valid civil money judgment. Like any other property in the estate of the judgment creditor, the right to the judgment would pass under the will of the judgment creditor to whoever he named in his will if he had a will, and otherwise pass under the state law of intestacy to whoever the state said was the beneficiary of that kind of property.  Of course, other factors can always intervene that could alter the above. This is at best a general overview. I encourage you, and all other readers, before you act (or decide not to take some action) to seek competent, local legal counsel who can address the specific facts of your particular situation. This web site and the responses herein, including this response,  are designed for general information only. The information presented at this site should not be construed to be  and is not formal legal advice. No attorney-client relationship exists and no attorney-client relationship is formed or created by this response or any response on this website. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.
Answered on Jan 12th, 2013 at 2:24 PM

This web site and the responses herein, including this response, are designed for general information only. There is no attorney/client relationship.

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