California Judgement: Lapse and revival of Dormant Judgement

[Lawrence99]

What is the name of your state (only U.S. law)? California.
A money default judgement was obtained against me in Nov. 2007. Foolishly I made a 1 payment in Aug. 2008 on it. Then I moved state and no attempts were made to collect.
The 10 years end in 6 months and if the creditor doesn't renew the judgement it will lapse.

Questions:
Does the 10 year period start from when I last made a payment (Aug. 2008) or the day the judgement was recorded (Nov 2007)?

If the judgement is attempted to be renewed and I am not served (as the creditor does not know my whereabouts) will the renewal still be valid?

If the judgement is not renewed and it lapses, can it be revived and what it the time period for revival?

Is there a remedy for stopping the revival of a lapsed judgement?

Thanks in advance, knowledge is the best asset!

 

[Zigner]

Does the 10 year period start from when I last made a payment (Aug. 2008) or the day the judgement was recorded (Nov 2007)?

Date of the judgment.

If the judgement is attempted to be renewed and I am not served (as the creditor does not know my whereabouts) will the renewal still be valid?

There are other ways to serve you. In fact, if you failed to update your address, then simply mailing it to your last known address is sufficient.

If the judgement is not renewed and it lapses, can it be revived and what it the time period for revival?

Once it's gone, it's gone.

Is there a remedy for stopping the revival of a lapsed judgement?

Yes, There are ways that you can attempt to vacate.



See https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=1.&title=9.&part=2.&chapter=3.&article=2. for more information.

 

[Lawrence99]

Zigner, Thanks a ton!!! I mean it!

Date of the judgment.

There are other ways to serve you. In fact, if you failed to update your address, then simply mailing it to your last known address is sufficient.

Once it's gone, it's gone.

Yes, There are ways that you can attempt to vacate.



See https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=1.&title=9.&part=2.&chapter=3.&article=2. for more information.

On The last question, Once the judgement lapses the process to vacate the judgement, is SOL a good enough reason and does it involve the Creditor being informed ( can he start the claim again on the judgement)?

 

[Zigner]

On The last question, Once the judgement lapses the process to vacate the judgement, is SOL a good enough reason and does it involve the Creditor being informed ( can he start the claim again on the judgement)?

Your question doesn't really make sense, so let me try to answer based on what I think you mean: If the judgment lapses, it's gone. The creditor doesn't get to sue you again. Statute of limitations doesn't come in to play at all.

 

[Lawrence99]

Zigner, some clarification please!

On The last question, Once the judgement lapses the process to vacate the judgement, is SOL a good enough reason and does it involve the Creditor being informed ( can he start the claim again on the judgement)?

In Texas law a dormant judgement can be revived by
"There are two ways to revive a dormant judgment: by a writ of scire facias, or by a "suit on the debt / action of debt"

does something like this exist in CA? or is this a TX law only?
Thanks in advance!

 

[Zigner]

In Texas law a dormant judgement can be revived by
"There are two ways to revive a dormant judgment: by a writ of scire facias, or by a "suit on the debt / action of debt"

does something like this exist in CA? or is this a TX law only?
Thanks in advance!

Read the link I gave you.

 

[Lawrence99]

Read the link I gave you.

Thanks for the link and an interesting read! However it mostly dealt with Renewal of the Judgement (Unless i missed it!). The section most retaining to my interest was "683.170.


(a) The renewal of a judgment pursuant to this article may be vacated on any ground that would be a defense to an action on the judgment, including the ground that the amount of the renewed judgment as entered pursuant to this article is incorrect, and shall be vacated if the application for renewal was filed within five years from the time the judgment was previously renewed under this article.

(b) Not later than 30 days after service of the notice of renewal pursuant to Section 683.160, the judgment debtor may apply by noticed motion under this section for an order of the court vacating the renewal of the judgment. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail.

(c) Upon the hearing of the motion, the renewal may be ordered vacated upon any ground provided in subdivision (a), and another and different renewal may be entered, including, but not limited to, the renewal of the judgment in a different amount if the decision of the court is that the judgment creditor is entitled to renewal in a different amount.

(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)"

...however this is also after renewal,

My question is if it lapses and it is now gone can it for any reasons be revived in CA as it can be in TX?
In you opinion ( you seem very capable and I understand it's just an opinion!), if it lapses, would it not behoove me to just let it be, rather that go through with the process for it to be vacated and opening the proverbial, can of worms?
Thanks!

 

[Zigner]

Thanks for the link and an interesting read! However it mostly dealt with Renewal of the Judgement (Unless i missed it!). The section most retaining to my interest was "683.170.


(a) The renewal of a judgment pursuant to this article may be vacated on any ground that would be a defense to an action on the judgment, including the ground that the amount of the renewed judgment as entered pursuant to this article is incorrect, and shall be vacated if the application for renewal was filed within five years from the time the judgment was previously renewed under this article.

(b) Not later than 30 days after service of the notice of renewal pursuant to Section 683.160, the judgment debtor may apply by noticed motion under this section for an order of the court vacating the renewal of the judgment. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail.

(c) Upon the hearing of the motion, the renewal may be ordered vacated upon any ground provided in subdivision (a), and another and different renewal may be entered, including, but not limited to, the renewal of the judgment in a different amount if the decision of the court is that the judgment creditor is entitled to renewal in a different amount.

(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)"

...however this is also after renewal,

My question is if it lapses and it is now gone can it for any reasons be revived in CA as it can be in TX?
In you opinion ( you seem very capable and I understand it's just an opinion!), if it lapses, would it not behoove me to just let it be, rather that go through with the process for it to be vacated and opening the proverbial, can of worms?
Thanks!

If it lapses, there's nothing to renew.

I don't honestly know if there's a process to revive a lapsed judgment, but I've never heard of it.

 

[Lawrence99]

My heartfelt thanks for lessening the load off my mind!