Expired Judgement, Can I be sued again?

[quincy]

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,

Thank you, PayrollGuy! I thought my post was pretty clear.

 

[Just Blue]

Thank you, PayrollGuy! I thought my post was pretty clear.

Thank you, PayrollGuy! I thought my post was pretty clear.

It was very clear...for those that bother to read. Which Kelco does not. She was asked to not post nonsense to other members threads. Wonder how she would like the same "quality of advice" given on her thread as she has given other members....

 

[Kelco]

I went through a tense divorce where my husband was ordered to pay all marital debt but didnt. So, I've experienced many judgments against me AND him and have NEVER had any of them renew their judgment. Even legal fee judgments and liens.

 

[PayrollHRGuy]

What happened in your individual circumstance is NOT evidence of what happens in most or even some other cases,

 

[Just Blue]

I went through a tense divorce where my husband was ordered to pay all marital debt but didnt. So, I've experienced many judgments against me AND him and have NEVER had any of them renew their judgment. Even legal fee judgments and liens.

So you think because you have had a handful of non-renewed judgement's that mean all judgements are not renewed? Really? Just stop "advising" others or you will end up banned for the site.

 

[Kelco]

Sorry, just sharing my experience. Good luck.

 

[quincy]

I went through a tense divorce where my husband was ordered to pay all marital debt but didnt. So, I've experienced many judgments against me AND him and have NEVER had any of them renew their judgment. Even legal fee judgments and liens.

Your experience does not mean "it usually doesn't happen." It means in your limited experience, it didn't happen. That is a BIG difference.

This is a legal forum. If you state legal facts, be sure you have legal support for those facts. Thanks.

 

[Lawrence99]

Thank you guys!! Quincy, your answer was quiet clear. I guess I wait to see if they renew in 3 months.
Could you please clarify another point: I am presuming that, as abstract of judgement was on 15th Jan 2008, the 10 year period has already expired. But I've also read that the creditor has up to 6 months after that to file for an extension of the judgement. So is that final time or can they still have more time to extend the renewal of judgement? Am I even presuming this correct? Thanks!

 

[quincy]

Thank you guys!! Quincy, your answer was quiet clear. I guess I wait to see if they renew in 3 months.
Could you please clarify another point: I am presuming that, as abstract of judgement was on 15th Jan 2008, the 10 year period has already expired. But I've also read that the creditor has up to 6 months after that to file for an extension of the judgement. So is that final time or can they still have more time to extend the renewal of judgement? Am I even presuming this correct? Thanks!

I did not see anywhere that the creditor can file for an extension after the judgment has already expired.

Following is a link on judgments and extensions. You might want to read through it, clicking as well on the site's link to Code of Civil Procedure. You might see something in the law that I missed.

http://www.courts.ca.gov/1180.htm

 

[Lawrence99]

Hi Quincy, I read this,
"But there may be a way around a seemingly expired judgment. It’s possible to bring a cause of action based on a judgment that’s expiration is measured from when the judgment became “final” instead of from the date of entry. See CCP §337.5. A judgment becomes final when the time to appeal expires or when an appeal becomes final (both well after the date the judgment was entered), and the period may be tolled, e.g., by the debtor’s absence from the state or by the debtor being in bankruptcy and subject to a bankruptcy stay.

For example, a judgment has expired (i.e., it’s been more than 10 years since the date of entry of the judgment), and the creditor has discovered assets of the debtor. The judgment can’t be renewed because of its age, but the creditor may be able to bring a new action based on the judgment with the 10-year statute of limitations measured from when the judgment became final. See Comment to CCP §683.020."

So when does a California judgement become "Final"?
I am out of State at the moment!

I checked LA superior court record,
2nd Nov 2007, Amended Judgement filed.
21 Nov 2007. Ex parte application (to amend Judgement),
21 Nov 2007, Judgement (Amended Judgement) and then
22 Jan 2008, Abstract of judgement ( Against me)

So did the judgement expire in Nov 2017 or Jan 2018 or is there time for appeal?
What is the time of appeal in the above para?
Worried!
Thanks

 

[quincy]

It sure seems to me that the judgment has already expired, unless the creditor filed for an extension before January.

But I don't know. Sorry.

 

[Lawrence99]

Thanks for help!

Also on appeals,

"2018 California Rules of Court

Rule 8.104. Time to appeal
(a)Normal time
(1)Unless a statute or rules 8.108, 8.702, or 8.712 provides otherwise, a notice of appeal must be filed on or before the earliest of:
(A)60 days after the superior court clerk serves on the party filing the notice of appeal a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, showing the date either was served;
(B)60 days after the party filing the notice of appeal serves or is served by a party with a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, accompanied by proof of service; or
(C)180 days after entry of judgment."

Does that mean that there is 6 month time to appeal?
Does it run from Nov 2017 Judgement or from Jan 2018, Abstract?

Anyone?
Thanks in advance!!