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Sister State Judgment Question

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bkirkpatrick

Junior Member
What is the name of your state? California

In 1999 we entered into a civil judgment/agreement in Idaho for 900.00. After paying, we attempted to get a lien satisfied letter from the said attorney and he told us that we owed him more money for attorney’s fees. Since these fees were included in the original judgment and since we were now back in California, we told him to go pound sand (out of state gouging). Nonetheless, the judgment was re-issued/reinstated in Idaho in 2004.

In October of 2005, a California collections company attempted to collect and we sent them a letter telling them that we would be happy to go to court with our paperwork, the original judgment, and our canceled checks. That was the last we heard from them. On June 8th (2006), my wife is served at our house via a “sister state judgment” dated on May 22nd. This local court document says that we have 30 days to respond or the sister state judgment will be final (binding). It is a document from an attorney out of San Diego. We have all the original court documentation and proof of payments made on the court order from Idaho. We feel this is out-of-state gouging.

Q1: There is a line about a request to vacate the judgment but I do not know what forms.

Q2: The court document is dated May 22nd but we were not served until June 8th. How long do we have to respond?

Q3: I have no problem going to court and fighting this thing in California and want my side of the story heard. Do they do this during a hearing here or are they merely going to rubber stamp the Idaho judgment and I am S.O.L.

Q4: If I hypothetically want to pay the judgment (just so my wife will be quiet), prior to it going to court, what do I have to do? The original attorney in Idaho is an ahole. The total debt with interest is at 1,400.00

Q5: Are there any other remedies or options?
 


JETX

Senior Member
bkirkpatrick said:
The court document is dated May 22nd but we were not served until June 8th. How long do we have to respond?
You have 30 days from the date of service.

I have no problem going to court and fighting this thing in California and want my side of the story heard. Do they do this during a hearing here or are they merely going to rubber stamp the Idaho judgment and I am S.O.L.
Depends largely on the answer you provide to the court and plaintiff within 30 days.

If I hypothetically want to pay the judgment (just so my wife will be quiet), prior to it going to court, what do I have to do? The original attorney in Idaho is an ahole. The total debt with interest is at 1,400.00
You simply contact the local (California) attorney and negotiate a settlement of the claim. Then, get a RELEASE signed by all parties. And be sure to CONFIRM dismissal of the suit with the court.
 

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