Is There a Statue of Limitations?

[mommy2mycutie]

What is the name of your state? California

Or something like that as far as a judgement goes?

We were awarded a judement of $3500 about 3 years ago (March 2002). A car repair shop caught my car on fire - they went to lunch and when they returned my car was in flames. We sued them, and after almost a year of going to court and them not showing up or appealing the case, it ended, but we still haven't received our money.

At first we weren't too worried about it cause we knew they couldn't buy a house or anything with a judgement against them (it was against the owners, DBA, the company is no longer in business). But it's been almost 3 yrs and they can find a mortgage company that would probably finance them now - besides who can really afford a house in CA???

What do we need to do to get our money? We now live in San Antonio, TX, so I can't just run up to the courthouse on my lunch break. Is there a statue of limitations, do we need to refile or anything? Am I making any sense?? lol

 

[seniorjudge]

A judgment is only good for some period of time and I do not know what it is in California.

However, since you are so far away, you might want to check into selling your judgment to a judgment collection agency.

 

[racer72]

Your judgment is good for 10 years and can be renewed for another 10.

 

[I AM ALWAYS LIABLE]

Your judgment is good for 10 years and can be renewed for another 10.

My response:

For judgments not previously renewed, application to renew may be filed any time prior to expiration of the 10-year enforcement period. [Ca Civ Pro § 683.130(a)] However, as to judgments previously renewed, no new application for renewal can be filed for five years. (This is to prevent judgment creditors from frequently renewing judgments merely to compound interest) [Ca Civ Pro § 683.110(b)] Remember, always serve the judgment debtor with a copy of the renewal and file the proof of service with the court clerk!

A judgment may be renewed again, and again, and again, ad infinitum. Read the statute carefully.

Why haven't you applied for, and received, a Writ of Execution, or a Levy?

IAAL

 

[mommy2mycutie]

Why haven't you applied for, and received, a Writ of Execution, or a Levy?

I have never heard of either of these, but now that I have I will do something!

Thanks for all the responses.

We were awarded our judgment in March 2002. In Aug. we moved from San Diego to Hemet (about 1.5 hrs NorthEast). My husband was still working in SD so I asked him to run by the Courthouse and find out what needs to be done. My husband said something about maybe being able to get the dudes bank info and having it taken out of their bank account. But between buying our first house and having our first baby, things got pushed aside. Then a yr later we moved to TX and are just now settling down enough to work through all this.

My husband does work for a collection agency and has for 4 years. He knows where these dudes live and everything, we just didn't know where to go from there, legally (my husband even thought about having a friend call up these dudes and pretend to be from a collection agency and try to get our money that way and paying our friend part of the money...friend = co-worker of my husband's. But we weren't sure if that is legal...).

Anyways, thanks for the info!!

 

[seniorjudge]

Also familiarize yourself with attachments, garnishments, examinations, etc., and, of course, all the applicable state and federal creditors' rights laws.

 

[I AM ALWAYS LIABLE]

My response:

Do people really still say "dude"?

Anyway, the court clerk will not help you. They don't practice law. Your husband will do much better by going to a Barnes & Noble and buying a book on the subject, found in their legal book stacks.

IAAL

 

[seniorjudge]

"Anyway, the court clerk will not help you."

Some of them will try and most of them will fail.

 

[mommy2mycutie]

Do people really still say "dude"?

LMBO, I do. Guess I grew up in the wrong period...lol

At least that's better than my mom still saying "girlfriend" when talking to one of my friends. I.e., "I know what you mean girlfriend." Good thing we live in different states, I can barely handle hearing that a few times a year as it is!! LOL

 

[I AM ALWAYS LIABLE]

"Anyway, the court clerk will not help you."

Some of them will try and most of them will fail.

My response:

Well, Dude, in the Los Angeles system, if a court clerk type dude starts giving advice, that clerk is subject to termination, dude! There are signs in the clerk's offices saying, "Clerks cannot give legal advice" or words to that effect.

Okay, dude?

IAAL

 

[seniorjudge]

"Well, D***, in the Los Angeles system, if a court clerk type d*** starts giving advice, that clerk is subject to termination, d***! There are signs in the clerk's offices saying, "Clerks cannot give legal advice" or words to that effect."

Good!

BTW, I did not say "d***"! I do not use that kind of language, thank you very much!

 

[I AM ALWAYS LIABLE]

"Well, D***, in the Los Angeles system, if a court clerk type d*** starts giving advice, that clerk is subject to termination, d***! There are signs in the clerk's offices saying, "Clerks cannot give legal advice" or words to that effect."

Good!

BTW, I did not say "d***"! I do not use that kind of language, thank you very much!

My response:

What are you talking about? I was only responding to you with "Dude" in an apparent failed attempt to entertain our original writer. Believe me, I had a difficult time "working in" Dude into my sentences, and I didn't mean anything else by it.

Take a chill pill, dude!

IAAL

 

[seniorjudge]

"Take a chill pill, dude!"

Cooled jets, daddy-o!