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OT/more on lien

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Nancy Howell

Well-known Member
After a close reading of the documents, I don't think its a lien. Its a judgement against Donald R. and Nancy A. Howell. I don't think it attaches any property.

I went to the Dallas County Clerk's office and had the clerk look up the property. She didn't find any liens or encumbrances. She also checked under my name and James'.

I will have our attorney review it closely. If he agrees, we may not do anything.

If it is a judgement, the most we could do is get them to file an affidavit stating that the Nancy A. Howell listed in the judgement is not me.
 
I missed the first part of your story, but can understand what it's like to have someone with the same name cause grief. There used to be a guy with my same first and last name with really bad credit here in Iowa. He must have moved or something. I used to get collection notices and calls. None of these ever showed up on my credit report, so when they wouldn't go away I told them to sue me. It's been quite a few years now since I have gotten any calls or letters.
 
My company got hit with a lawsuit. The lawyer was not sure what company, so he filed suit against every company he could find with a similar name.
 
I am glad it seems like your problem is not as bad you as you first thought.

I have a cousin that had the exact same name as I do. ( Both names after my Great Grand Father) He has had money issues. I used to have trouble all of the time with people thinking we where one and the same person.

I finally changed most of my business assets over to a Farm name. That stopped 90% of the troubles. It can be frustrating at times dealing with this type of stuff. The worst thing it getting anyone with more than two brain cells working. It seems like everyone you talk to at these collection places is a moron or a little Hitler.
 
(quoted from post at 00:12:57 08/17/14) I am glad it seems like your problem is not as bad you as you first thought.

I have a cousin that had the exact same name as I do. ( Both names after my Great Grand Father) He has had money issues. I used to have trouble all of the time with people thinking we where one and the same person.

I finally changed most of my business assets over to a Farm name. That stopped 90% of the troubles. It can be frustrating at times dealing with this type of stuff. The worst thing it getting anyone with more than two brain cells working. It seems like everyone you talk to at these collection places is a moron or a little Hitler.
Click to expand...

Yeah kinda hard to get good help for minimum wage.
 
Obviously best handled by your attorney, and I'm going out on a limb, someone had to have been served, due process... if thats the correct term, and that person would be on the affidavit of service, and its definitely not you, it should be easily vacated once that is verified? Just thinking aloud, as I have experienced this before and it was literally perjury and or along the lines of a forged instrument, they literally conjured up the person, the time, all the pertinent information and it got filed, judgement granted. Some real snakes out there in this business.
 
Nancy as a rule in my state they have to get a judgment (or other court order) serve you papers and post it at the county courthouse. Usually the specific property will show a lien as it is on the property not just the person. Example I install an air conditioner for you and you do not pay, after court I put a lien on your property at such and such street. Can be an issue with people of same name!!!!
 
Youre getting there Nancy.....

"After a close reading of the documents, I don't think its a lien. Its a judgement against Donald R. and Nancy A. Howell. I don't think it attaches any property."

Its that if a Court enters a Judgment against a person (happens hundreds of times a day in a small claims court) and that person happens to own any real property that judgment creates a lien on said property. So, when you said "I dont think it attaches any property" you may well be right if that person didn't own any.

However many of the types of people who get judgments slapped on them don't own real estate and are nearly judgment proof. In my law practice I dont think I hardly collected a dime on a judgment if the person didn't own real estate.

John T
 
My neighbor had a repo guy show up to get a car .had the right name but the guy was amish he said you can take the buggy! Turned out he not only had the wrong guy but he was in the wrong state.
In wisc there is an online court access that gives out info maybe your state does to
I was named after a priest they never got us mixed up for some reason.
 
I don't know if they owned real estate, but they must have owned one very fancy airplane. The company that filed the judgement does aircraft interiors and the judgement is for $294,873.75. The interior of that plane must have been gold plated.

Don't know if it makes any difference, but the judgement is not filed in the county where I live and where the property is located.

I had applied to my credit union for a home equity loan. I think they found the judgement by doing some sort of name search.
 
Probably.

I once tried to locate a renter who had skipped owing me three months rent. His name was extremely common, and I had reason to believe he was in Iowa. According to "people search" on the Internet, there were 84 people in Iowa alone with that name. I gave up.
 
Yep, if I ever had to disappear, the first order of business would be to change my name to John Smith. As it is, I'm very easy to find on any search, because I'm the only person in the US with my name.
 
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