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  1. #1
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    May 2017
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    Default Oklahoma, Renewal of Foreign Judgement. How to Challenge

    My question involves court procedures for the state of: Oklahoma. original judgement: California Oct 11, 2010. Oklahoma foreign judgement Sep 20, 2012. renewal of judgement Feb 10, 2017. question 1.)should i have received some notice that there was a renewal? and how can i respond with a challenge?? History, original judgement was made when i was a citizen of another state, service was made either to my ex-wife or minor child in California. And judgement was made over 5 years after debt was written off, 1 year past limitations. i was given a garnishment last week, and i have a claim for exemption set for 2/5.

  2. #2
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    Default Re: Oklahoma, Renewal of Foreign Judgement. How to Challenge

    They don't have to notify you of anything. The notification was that you lost the lawsuit.

    None of the points you bring up have any bearing on the judgment, the domestication, or the renewal. "Written off" is a legal term. If you mean it was charged off, that has no bearing on you either. It's a tax thing for the lender to deduct debts they think they won't be able to collect. It doesn't stop them from trying. They'll just have to pay tax if they do.

    About the only hope you have in Oklahoma is to show they didn't try at all to collect the debt in the first five years. If not, then they can't just renew it now. If they did try, then you're probably out of luck.

  3. #3
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    Default Re: Oklahoma, Renewal of Foreign Judgement. How to Challenge

    Mr Webb, the Uniform Enforcement of Foreign Judgments Act is 12-719 through 12-729:

    https://law.justia.com/codes/oklahoma/2018/title-12/

    There are several sources of information in the following search result:

    https://duckduckgo.com/?q=oklahoma+f...nt&t=h_&ia=web

    The resources can help you determine if the foreign judgment was done properly.

    original judgment: California Oct 11, 2010
    When did you first learn of the original judgment? It was then that you might have been able to get it set aside for improper service, gotten a new trial and invoked the SOL if applicable. Now, probably not. And if you actually owe the money, well...

  4. #4
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    Default Re: Oklahoma, Renewal of Foreign Judgement. How to Challenge

    Actually, he's right about the duration (contrary to my earlier statement). Actions on foreign judgment are indeed limited to 3 years (12-75).

  5. #5
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    Default Re: Oklahoma, Renewal of Foreign Judgement. How to Challenge

    Quote Quoting flyingron
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    Actually, he's right about the duration (contrary to my earlier statement). Actions on foreign judgment are indeed limited to 3 years (12-75).
    12-75 doesn't appear to be the right section:

    https://law.justia.com/codes/oklahom...section-12-75/

  6. #6
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    Default Re: Oklahoma, Renewal of Foreign Judgement. How to Challenge

    so do i present the challenge during the claim exception or do i need to file a motion?

  7. #7
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    Default Re: Oklahoma, Renewal of Foreign Judgement. How to Challenge

    Quote Quoting MrWebb
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    so do i present the challenge during the claim exception or do i need to file a motion?
    Claiming an exemption is more immediate and you have a very short window (5 days I think) to file it and ask for a hearing. That's a separate process and likely isn't appropriate to challenge the judgment as part of it.

  8. #8
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    Default Re: Oklahoma, Renewal of Foreign Judgement. How to Challenge

    but with this being past the SOL, can i just request dismissal with prejudice?

  9. #9
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    Default Re: Oklahoma, Renewal of Foreign Judgement. How to Challenge

    Quote Quoting MrWebb
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    but with this being past the SOL, can i just request dismissal with prejudice?
    You don't want it dismissed, that will leave the garnishment in place. You want the exemption approved based on the fact that the judgment has expired.

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