Paying a judgement with a judgement

[jacarand]

Are you using Form MC-30?

I hadn't considered that but it does seem to be one way to resolve your problem.

It will be nice if you can post back with what happens.

Good luck.

Yes I filed a MC-30 via Fax. I requested two things from the court

1. Offset our judgement OR

2. Allow me to file EJ-100 and have the court consider his judgement paid (As you suggested Quincy)

I'll let you know the court's response or whatever solution I find to this conundrum.

 

[latigo]

Yes I filed a MC-30 via Fax. I requested two things from the court

1. Offset our judgement OR

2. Allow me to file EJ-100 and have the court consider his judgement paid (As you suggested Quincy)

I'll let you know the court's response or whatever solution I find to this conundrum.

You want permission to file Form EJ-100 eliminating the tenant's judgment? Do you find any place on that form calling for a signature other than that of the judgment creditor? On what authority will you propose to the court allowing you to sign the creditor's name? And this is all to be accomplished ex parte?

No one here has to offered any legal authority because I don't think it is there. I think the solution lies in Cal. CCP 1060 Declaratory relief.

"Any person . . . . who desires a declaration of his or her rights or duties with respect to another . . . . may, in cases of actual controversy relating to the legal rights and duties of the respective parties, bring an original action or cross-complaint in the superior court for a declaration of his or her rights and duties in the premises . . . . "

 

[quincy]

Yes I filed a MC-30 via Fax. I requested two things from the court

1. Offset our judgement OR

2. Allow me to file EJ-100 and have the court consider his judgement paid (As you suggested Quincy)

I'll let you know the court's response or whatever solution I find to this conundrum.

I would be interested in hearing what happens. Good luck.