Q: My exhusband received a judgement against me which I never paid. He passed away and my son is his executor as well as
Beneficiary. He won't try to enforce it. Is there a way it can be released on public records?
A: No. Judgments are public record and cannot be expunged or erased. The enforceability of a judgment ends after 20 years, but the record is permanent. If he wants to execute and record a satisfaction of judgment, indicating that it's paid or satisfied, he can do that, and that terminates the enforceability of the judgment. But the fact that the judgment was entered is permanent.
Mr. Kaufman is 100% correct. I am writing this additional advice just to be sure you are aware of the possible consequences of your son issuing you some sort of forgiveness of the Judgment.
Judgments are lawful debts; and debts are treated just like loans. Forgiveness of a loan is treated the same as giving the debtor the money to repay the loan--or Judgment.
Accordingly, forgiveness of any lawful debt, loan or Judgment may give rise to a taxable event in the eyes of the IRS.
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