proof of Service for Judgment

[Ben Saia]

What is the name of your state?What is the name of your state? California is the State the judgment was issued. I reside in Nevada and the Judgment debtor resides in Florida. I renewed a Judgment in California in 1999 and served him by mail at his last known address in Nevada. I did not file the PROOF OF SERVICE with the California Court. In 2004, I found him in Florida and filed the Judgment. The Miami court sent him notice which he refused. Does the fact that I did not file a PROOF OF SERVICE in California effect my getting the Judgment Domesticated in Flroida.

[Chien]

The answer is no, if I understand your question. I'm just not sure that I understand the question.

In 2004, I found him in Florida and filed the Judgment. The Miami court sent him notice which he refused. Does the fact that I did not file a PROOF OF SERVICE in California effect my getting the Judgment Domesticated in Flroida.

Let's agree that you should have filed the POS. So far, it appears that it's not affecting anything. But you say that you "found him in Florida and filed the Judgment", and the Miami court "sent him notice". That makes it sound as if you've already started the domestication process. Since you don't include dates, maybe you've already finished. So what's the question? Affect it how?

[Ben Saia]

Originally Posted by Chien

The answer is no, if I understand your question. I'm just not sure that I understand the question.

Let's agree that you should have filed the POS. So far, it appears that it's not affecting anything. But you say that you "found him in Florida and filed the Judgment", and the Miami court "sent him notice". That makes it sound as if you've already started the domestication process. Since you don't include dates, maybe you've already finished. So what's the question? Affect it how?

I,m sorry. The Judgment was renewed in Ca in 1999. In June of 2004, I filed to Domesticate in Florida. He contested it, claiming proof of service was not filed with the CA court. (true). Must I file the Proof of Service of the Renewal in CA if I file to domesticate the Renewal in Florida, and file a Proof of Service in Florida? Trial is set for Dec 2,2005. ( I'm old and stupid ).

[Chien]

I,m sorry. The Judgment was renewed in Ca in 1999. In June of 2004, I filed to Domesticate in Florida. He contested it, claiming proof of service was not filed with the CA court. (true). Must I file the Proof of Service of the Renewal in CA if I file to domesticate the Renewal in Florida, and file a Proof of Service in Florida?

Ok, let's try it by the numbers:
When you renew in California, you're required to serve notice at the last known address, normally the address of record. Failure to serve vitiates the renewal, and failure to file a POS leaves the matter of service open to question. (It's a defect, but not a fatal one, if you served. If you served, it should be an easily correctable defect.)

When attempting to domesticate a judgment, the judgment debtor normally has all the defenses that he/she would have had in the state of origin. In this instance, the lack of a filed POS leaves you vulnerable to the assertion that you didn't serve, therefore you didn't renew, therefore there's no valid renewed judgment to domesticate. Is that what's been happening?

If it is, just file your Proof (and get a conformed copy). There's no time limit, no SOL, for when you can file the Proof. Moreover, the Proof is filed under penalty of perjury. You assert under oath that you did it. That shifts things 180 degrees and places the burden on the debtor to prove that you didn't. That's not likely to happen.

So the solution seems simple - file the Proof. Am I still missing something?