My father had a judgment placed against him in a county in Pa. He is now in hospice and all of a sudden I receive a notice that the same judgment was placed against me for my father's debt filed in the county where I live. If he dies I guess they feel they have nothing so they filed it against me. We have the same name. I received no certified mail or was served papers in any way in reference to this judgment. I received a letter in the mail from their attorney representing the person who sued my father after the fact and it was put in place in my county. Can you place a judgment already in place against my father for the same thing and can you do this without any papers served beforehand. Thank you.
Personal Injury Lawyer
Yes, a judgment can be transferred from one county to another, or even to another state without any notice prior to the transfer. It cannot, however, be made against a different entity. Given that you have the same name, I presume that it was a matter of leaving off a "Sr." or "Jr." designation. You should consult with an elder law attorney in your area.
This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship. To get legal advice, consult an attorney in your local area or the area where the issue is located. It should not be relied upon as legal advice. The response is based on the limited facts provided, and without any independent investigation of the author. Given additional or different facts, the response would likely change. The attorney providing this response is licensed in Pennsylvania and New Jersey, and you should contact an attorney in your jurisdiction if it is outside those jurisdictions.
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The creditor did not get a second judgment. Judgments entered in one county can be recorded in any other county in which the judgment debtor owns property. The problem here is that you have the same or similar name as your father; you showed up as having property on an asset search which the lawyer thought was your father.
Before you spend the money on your own lawyer, try calling the law firm and explain that the wrong party was identified and that you own property not your father. You might want to tell them your father is in hospice too. Anyway, see if they will voluntarily remove the judgment as it was against you. If they will not, then you will have to seek out, not an elder care lawyer, but a lawyer specializing in credit card debt. I would sue the law firm and ask for reimbursement of counsel fees for them being stupid and not doing their homework and discovering that the land is in your name.
This of course assumes that you are providing truthful information. Any lawyer you hire needs to confirm that this is indeed the case.
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