Expired Judgement, Can I be sued again?

[Lawrence99]

I live in California and have a judgement against me that expires in 3 months. The original contract was executed in Aug 2005, defaulted in May 2007 and default judgement was in Nov 2007. Abstract of judgement was in Jan 2008. Judgement has not been renewed so far. If this judgement expires, can I be sued for this again? Thanks in advance for your answer!

 

[doucar]

Can you, yes. Can you defend successfully on the basis of the statute of limitations, yes. Will they, I doubt it.

 

[PayrollHRGuy]

They can renew the judgement. They don't have to sue you again.

 

[Zigner]

Can you, yes. Can you defend successfully on the basis of the statute of limitations, yes. Will they, I doubt it.

You are wrong. The OP can't be sued again on the same matter.

 

[Kelco]

I live in California and have a judgement against me that expires in 3 months. The original contract was executed in Aug 2005, defaulted in May 2007 and default judgement was in Nov 2007. Abstract of judgement was in Jan 2008. Judgement has not been renewed so far. If this judgement expires, can I be sued for this again? Thanks in advance for your answer!

Not if the statute of limitations for Debt has expired in your state.

 

[quincy]

Not if the statute of limitations for Debt has expired in your state.

There is already a judgment. The statute of limitations for debt collection no longer applies after a suit has been filed and a judgment issued.

The question after a judgment would be renewal of the judgment - not another lawsuit. The creditor cannot sue again over the same debt.

 

[doucar]

You are wrong. The OP can't be sued again on the same matter.

No, any one can sue for anything, but being successful is another matter.

 

[CTU]

No, any one can sue for anything, but being successful is another matter.

Don't do that.

 

[quincy]

No, any one can sue for anything, but being successful is another matter.

Technically true, but that can confuse Lawrence. The goal should be to clarify the law for posters.

If the judgment is not renewed in a timely fashion and the judgment therefore expires, the creditor cannot attempt to sue for the same debt again.

If the creditor tries. Lawrence should speak to an attorney in his area about taking action against the creditor.

 

[Kelco]

A judgment can be renewed before it expires, over and over again, forever. But, it usually doesn't happen.

 

[PayrollHRGuy]

Kelco, please stop repeating what others have posted.

 

[quincy]

A judgment can be renewed before it expires, over and over again, forever. But, it usually doesn't happen.

Really? Do you have evidence to back up that statement?

 

[Kelco]

In order to extend the time to collect on a judgment after 10 years, a creditor can file to renew a California judgment

 

[quincy]

In order to extend the time to collect on a judgment after 10 years, a creditor can file to renew a California judgment

So?

That was not the question asked.

 

[PayrollHRGuy]

No kidding Kelco. That isn't what Quincy was asking about. He was asking for evidence of your statement of " it usually doesn't happen". You know the part he put in bold,