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Should I let a sleeping dog lie?
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Posted by JAB
(12.31.210.121) on April 11, 2002 at 13:09:16:
I live in Texas. A Judgement was rendered against me and my ex-husband in August of 1993, and no further action has been taken to collect the Judgement.
Although, I did learn that the Judgement was abstracted and filed in the Real Property records in September of 1995 (two years later). This is my question. The Statute of limitations to collect a Judgement in Texas is 10 years. The 10 years will expire in August 2003 (15 months), the abstract was filed 2 years later. I'm not sure when the clock starts ticking (1993 or 1995). I understand that the creditor has a two year window to refile, but since no action has been taken I'm hopeful this could go away. Can anyone give any adivse on whether or not I should just let the Judgement stay dormant or try to take some action to get rid of it? The liability of the Judgement was assumed by my ex-husband in our divorce decree, and my ex-husband has been discharged from the debt in a personal bankruptcy. I'm told that he is free and clear of the debt, but I can still be held liable regardless of whether or not he assumed the liability in the decree. Any advice will be apprectiated.
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