Abstract of Judgmement

[akatrubbleone]

I just got a notice in the mail that a an abstract of judement has been filed against me in California. They are trying to place a lien against property I may hold. Well, I don't own anything, so that's like getting blood from a turnip.
In 1999, a roommate, I had at the time, used my car, without my permission, and someone hit him. This roommate was driving on a suspended license and, I repeat, used my car without my consent.
The owner of the other car had is insurance company try and get me to pay them back for the money they spent to repair his car.
First, they served me papers, by haveing someone hand them to someone who was visiting my home while I was away. I went to the mediation hearing anyway. The plantiff did not show up to the hearing so they sent me away.
Now, they have filed the abstract of judgement. What is the next step?
Thanks.

 

[I AM ALWAYS LIABLE]

My response:

There's a lot of missing information from your post, beginning from the day they sent you home from the mediation.

Presumably, the mediation was rescheduled and you didn't appear. Then, because you didn't respond to the Summons and Complaint, the Plaintiff had your default entered.

Now, it's a moot point whether or not you are right or wrong. The fact remains that you now have a judgment against you.

I have no idea what property they are attaching; e.g., car, bank account, stamp collection, coin collection, the back 40 acres, or what, because you never stated what was listed in the "abstract".

But, again, that's a moot point because you have already lost the case, and judgments are good for up to 20 years in California. That's right, 20 years.

So, if you don't have any assets right now, you will within 20 years. And, during that time, and for each and every year, they can force you to appear in court for a "Debtor's Examination" hearing.

Good luck to you.

IAAL

 

[JETX]

Random thoughts....

I don't know about in California, but at least here (Texas), if someone uses your car without your permission that is called "Auto Theft". Did you report the car stolen???

In any case, theft or loan, at least here, the insurance that YOU had on the car would have covered the others losses (again, assuming car was loaned). And if you loaned the car to someone and didn't have insurance that is why the damaged driver (or his insurance) subrogated against you.

 

[I AM ALWAYS LIABLE]

My random thoughts . . .

In California, a vehicle owner doesn't need to give actual consent, either oral or in writing, for someone else to use a vehicle.

As soon as our writer said "roommate", I knew immediately, that at the very least, our writer's roommate had "implied consent" to use the car. You see, as long as the keys were made available for anyone to get ahold of them, it immediately becomes "implied" that any householder can use the car. That's why it's not a "stolen vehicle" issue.

If our writer's vehicle was, in fact, stolen because he kept his keys with him at all times, then he would have mentioned earlier that he made a stolen vehicle report.

But, since he made no mention of this, it is presumed that the car was not stolen; that this is our writer's current "viewpoint". And, it really doesn't matter anyway whether it was stolen or not at this point. The fact remains that our writer let this matter go for 2 years, which has gotten him in the pickle he now faces.

IAAL

 

[akatrubbleone]

The date I went to mediation was in 11/2000. The date of the judgemet was 2/2001. The date entered was 4/2001. No property is listed, no attachment lien or anthing like that yet. A stay of enforcement has not been ordered by the court, yet.
I was out of town, and my keys were hidden in my room. And my bedroom door locked. I didn't even know the car was in an accident until I got home and there was a recording on my machine from the police department where the accident occured. There is no visible damage to my car.
Now what do you say?

 

[akatrubbleone]

AND...
I have NOT let this go. I was never served papers to appear in court, again, I was never served, properly in the first place which isn't an invasion of my privacy or something? Also, I did tell the police dept. that the car was taken without my consent, the roommate was actually renting a room from me. My insurance is not going to cover something that happened from an unlicensed driver.. I repeat, he was driving on a SUSPENDED license. OH, his name is mentioned on the abstract of judgement too, with his current address.
One last thing. I have offered to the plantiff, to pay half of the judgement if they go after the other party for the other half.
I've been going online, searching for myself papers that can be filed. There is a form that says something about paying the judgement directly to the court. Can I do that, pay half the amount and let them go after the other person for the other half?
I am not trying to get out of anything. I just want to know what my rights are as the victim.