Complex Judgment Situation.

[Anonymous]

It's a LONG complex judgment situation. In essence I was not served and when I found out that I had a court date I was not able to get to the courthouse as they served and old address (knowingly might I add).

Here is the deal. I forgot I even had a judgment until I cleaned out an old filing cabinet. It is almost 4 years old. 

I want to pay it. But I've been told not to do so and let it age out. I'm in CA. 

Plus who would I even pay. The court or the original creditor who was a large scale tire shop. 

Any advice would be appreciated. Years ago they denied me a payment plan. It is for a few thousand dollars.  

[Jnbmom]

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@Anonymous wrote:

It's a LONG complex judgment situation. In essence I was not served and when I found out that I had a court date I was not able to get to the courthouse as they served and old address (knowingly might I add).

Here is the deal. I forgot I even had a judgment until I cleaned out an old filing cabinet. It is almost 4 years old. 

I want to pay it. But I've been told not to do so and let it age out. I'm in CA. 

Plus who would I even pay. The court or the original creditor who was a large scale tire shop. 

Any advice would be appreciated. Years ago they denied me a payment plan. It is for a few thousand dollars.  

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Unless I am mistaken the judgement will be there 10 years and then they can renew the judgement for another 10 years (  I believe they may have to  renew before it hits the 10 year mark though?), so you got another 6 years to see..........................

[Remedios]

So they have a default judgment on you and if they choose to proceed with collection efforts, it can get pretty nasty.

Common ways are bank account liens and garnishments. In addition, they can be renewed,  so you'd probably want to take care of it. 

Letting it age wont do anything.  That would only work if you were wating to get out of SOL. In your case, the judgement is in place, and if it remains unsatisfied, they can renew 

Before you attempt to contact them, I suggest you gave a consultation with an attorney. Many provide first one for free.

I wouldn't do anything until you're able to talk to one. 

As far as contacting them, it would be the attorney on file for the plaintiff, but again, talk to an attorney first. 

Good luck and I hope you get this resolved 

[Jnbmom]

I agree with @Remedios  I would consult an attorney to help with communication.

I had a friend a while back had a judgement about 9+ years old (2300) she was looking to refinance and was told she had to pay this. She contacted the creditor/collection company they said they would gladly take the payment and proceeded to add 6% from the day the judgement was entered

She did hire an attorney who was able to negotiate it somewhat but even the attorney told her had she waited since it was close to the 10yr mark they might not have renewed but in the end she got it paid and got better terms on her home loan.

But yes talk with an attorney first..................................................................

[vntrsc]

The judgment will not "age out" if the judgment creditor keeps renewing it.  The following link is from the CA courts.

https://www.courts.ca.gov/8213.htm?rdeLocaleAttr=en

[Azuieldrago]

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@Anonymous wrote:

It's a LONG complex judgment situation. In essence I was not served and when I found out that I had a court date I was not able to get to the courthouse as they served and old address (knowingly might I add).  Unfortunetly it is legal to send legal documents to a last know address, even if its not the current one. The courts see it as your fault for not fowarding to the new address.

Here is the deal. I forgot I even had a judgment until I cleaned out an old filing cabinet. It is almost 4 years old. 

I want to pay it. But I've been told not to do so and let it age out. I'm in CA. 

Plus who would I even pay. The court or the original creditor who was a large scale tire shop. 

Any advice would be appreciated. Years ago they denied me a payment plan. It is for a few thousand dollars.  

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Read the red part. The other info provided by the others in correct. Its not complex really as this happens to thousands of people daily. Most find out by wage garnishment. When they denied you a payment plan, I still would have made payments anyways. If they were to deny a payment, that would have settled the debt as they refused payment. If they accepted a payment, they would have no grounds to take you back to court as the judge would have dismissed their case as you were already making payments. A judge isnt going to make you pay more than you can currently afford because its not what the collection people wantl Atleast my judges here are like that. Very Veteran friendly as well, to the point of where you basically could have paid them almost nothing a month. That is my state, using my judges and my experiences, not legal advice.

[wa3more]

CA is 10 years and they can renew in 9th year for another 10.

20 years is long time.  I don't think most lenders will finance even after passing of SOL. I'm in NY and we have 20 year limit too. I had to satisfy an 8 year old judgment to refinance. Could not negotiate for lower than judgment amount.  

CA judgments accrue interest at 10 percent. Try negotiating. It will be tough with no leverage. 

[Anonymous]

@AnonymousEverything everyone said is correct. However the creditor did have a duty to perform a diligent search and inquiry for you in order to provide reasonable notice under the 14th amendment‘s due process clause.

You do have the right to file a “motion for relief from judgment” in many jurisdictions. If you were to do so and argue lack of adequate notice, you may be able to reverse the judgment. But at that point, if they chose to relitigate, do you have a defense? Who knows what they would do.

This is not legal advice: you should consult with an attorney in your jurisdiction familiar with your state laws. State law varies as does precedent.

[vntrsc]

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@Anonymous wrote:
@AnonymousEverything everyone said is correct. However the creditor did have a duty to perform a diligent search and inquiry for you in order to provide reasonable notice under the 14th amendment‘s due process clause.

You do have the right to file a “motion for relief from judgment” in many jurisdictions. If you were to do so and argue lack of adequate notice, you may be able to reverse the judgment. But at that point, if they chose to relitigate, do you have a defense? Who knows what they would do.

This is not legal advice: you should consult with an attorney in your jurisdiction familiar with your state laws. State law varies as does precedent.

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I appreciate your references to "due process" and the "14th amendment".  It should be noted, however, that in order to raise a defense under the 14th amendment, the right to due process must be violated by a government entity or in connection with the federal or a state government.  

[Anonymous]

@vntrsc Yes sir and it is a public governmental court who issues the summons, with service of process and it is typically a sheriff that serves it, if not a certified processor working under the auspice and approval of the courts. And again it’s a public governmental court that enters the judgment.

Consequently, since you go to a governmental entity (court) to sue someone, that governmental entity is required to provide due process in order to bind you with their subsequently issued judgment.

If there is an error in due process, the court failed to acquire jurisdiction over the person. And that therefore makes the judgment void; hence the procedural mechanism for motion for relief from judgment.


He does not have a judgment from a private party, and it was not a private court, I don’t believe that issued the judgment. if so he has nothing to worry about.

Consequently due process applies IMHO, as were talking about the court did not provide due process and give him notice, hearing, and an opportunity to be heard before entering a judgment against him.

This is not legal advice.