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limited civial case appeals

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rankins@comcast

Junior Member
What is the name of your state? California
I want to know if there is a statue of limitation to file an appeal on a judgement from a limited civil case. I was not served with the original papers and instead have gotten the memorandum of costs paperwork after the judgment was entered. Apparently the judgment was entered in Aug. 31, 07. They have now doubled the amount owed and are asking for more interest. Can they do this if I am making payments? How often can they put a levy against my checking account and is there anything I can do to fight this?
 


Chien

Senior Member
I want to know if there is a statue of limitation to file an appeal on a judgement from a limited civil case.

There is a time limit following entry of judgment. If judgment was entered Aug. ’07, you’ve missed it, assuming that you had a basis to appeal.

I was not served with the original papers

Does that mean you weren’t served? You’re not required to be served with originals. If you weren’t served, you may have a basis to move to vacate the judgment, but you really should check the court file to see how they claimed to have served you. Your state’s service requirements don’t make it easy to catch you unaware, and the Cost Memo would have been sent to the service address, and you got it. Additionally, you should have a valid defense, but you’re making payments, suggesting that the obligation is owed.

They have now doubled the amount owed and are asking for more interest.

They’re entitled to interest and, without knowing the original amount, having it doubled is possible.

Can they do this if I am making payments?

Do what? Ask for post-judgment interest? Yes, that and more unless your written payment agreement precludes it. Do you have one and does it?

How often can they put a levy against my checking account?

California is “day and date”, so they can start a new one every day, if they’re willing to pay to do it.

is there anything I can do to fight this?

Not based on anything posted to-date. That may or may not change, if you fill in the gaps. Based on the post, you could pay the judgment or try to settle.
 

rankins@comcast

Junior Member
I really want to know if this is worht hiring an attorney for. The amount is a little over 17,000 and I really do want to pay it oss because it is on my credit report but the problem is I don't want the interest to keep accruing every month.I want the interest to come off and negotiate for a lower amount. I guess they may or may not take it? and they don't have to? but if I am making payments they cannot put another levy against my account correct?
 

Chien

Senior Member
I really want to know if this is worht hiring an attorney for.

1) It appears that this was a default judgment. There is no basis for appeal.
2) There may be grounds to vacate, ‘tho I am doubtful on the information posted. The only grounds available to you at this point would be non-service. You can go to court and look at the Proof of Service in file or you can hire an attorney to do it.
3) In your state, there are two timeframes to move to vacate: 6 months when default resulted from mistake, surprise, inadvertence or excusable neglect (I’m going to skip further details) AND, if service did not result in actual notice, the earlier of (a) two years after entry of default or (b) 180 days after written notice of default. Nothing that you posted led me to think that you qualified under either and I attempted to explain why. However, you’re asking questions online and, if you want to go to court or hire someone to go to court to check, you can and should.
4) If you found that there was a basis to vacate, you not only have to file the motion; you must include a proposed Answer. Translation: successfully re-starting the litigation. If you do that but owed the debt in the first place, the cost equation looks something like this: debt + attorneys’ fees + filing fees + motion fee + accrued interest – credits/payments = what you’ll owe.
5) Assume that you’ve paid $5,000. Assume that the attorney charges you $5,000. Assume that the attorney successfully re-starts the litigation that you then lose because you always owed. Add interest and court costs, and the result is a “win” that leaves you owing more than you do now. My original response was shorter. We don’t know how much you’ve paid, but I hope this helps the decision-making.

I don't want the interest to keep accruing every month.I want the interest to come off and negotiate for a lower amount.

That’s up to you, them and whoever you pay to negotiate for you, if you don’t/can’t do it yourself. Here is a link to a post to help you, if you want to try yourself:
https://forum.freeadvice.com/showthread.php?t=300276

if I am making payments they cannot put another levy against my account correct?

I felt that I answered that before. You need exactly what each side can and cannot do and when and why wrapped up in a neat little written agreement. That can prevent interest accruing and/or further enforcement. Without it, they can do anything they want at any time and, in California, that’s a lot.
 

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