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Judgment renewed

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AEGee

Member
What is the name of your state? California
CCP 863.020 provides for the renewal process. I have two questions. 1) How strict are statutes regarding the time to respond (30 days) to service of a "renewal of judgment" Here, the debtor waited over 100 days before making a motion to quash. How much water does this hold on an appeal?

2) Aren't all judgments renewable?
 


I AM ALWAYS LIABLE

Senior Member
AEGee said:
What is the name of your state? California
CCP 863.020 provides for the renewal process. I have two questions. 1) How strict are statutes regarding the time to respond (30 days) to service of a "renewal of judgment" Here, the debtor waited over 100 days before making a motion to quash. How much water does this hold on an appeal?

2) Aren't all judgments renewable?

My response:

A California judgment may be renewed simply by filing an application for renewal with the court in which the judgment was entered (and paying the appropriate filing fee). [See Ca Civ Pro § 683.120(a)]

First, you quoted the wrong code section.

Second, what was the date of the ORIGINAL judgment?

Third, what was the filing date of your RENEWAL of the judgment?

This notice may be served after the 10-year period for renewing a judgment expires so long as the application for renewal is timely filed. The judgment debtor has 30 days after service of the notice of renewal to file a noticed motion to vacate the renewed judgment. If the motion is not timely made, the renewed judgment is enforceable as entered. [Ca Civ Pro § 683.170(b)]

The motion can be made on any ground that would be a defense to an independent action on the judgment . . . including a claim that the amount of the renewed judgment is incorrect. [Ca Civ Pro § 683.170(a); see Timberline, Inc. v. Jaisinghani (1997) 54 Cal.App.4th 1361, 1366-1367, 64 Cal.Rptr.2d 4, 7]

IAAL
 
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AEGee

Member
Yes of course it is CCP 683.120 (sorry) however the specific question relates to the time frame (30 days after service) for response to the personally served notice of renewal CCP 683.160 and 683.170(b).

The original judgment was obtained on May 12, 1992 and the renewal was filed on April 2, 2002 with proof of personal service completed (and filed with the court) on May 6, 2002.

On Sept 5 the debtor filed a motion to quash. how successful should they be? and if so is this an appealable issue (more than 30 days passed before the motion was filed).
 
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I AM ALWAYS LIABLE

Senior Member
AEGee said:
Yes of course it is CCP 683.120 (sorry) however the specific question relates to the time frame (30 days after service)for response to the personally served notice of renewal CCP 683.160 and 683.170(b).

The original judgment was obtained on May 12, 1992 and the renewal was filed on April 2, 2002 with proof of personal service completed (and filed with the court) on May 6, 2002.

On Sept 5 the debtor filed a motion to quash. how successful should they be?

My response:

I have no idea.

You didn't state the "grounds" for the Motion.

IAAL
 

AEGee

Member
First, the grounds were based on the debtors Ch 7 BK - however we had won an adversary against them under 727(a)(2) and 727 (a)(4)(A), thereby providing our debt and the others were non dischargable and not dischargable in any subsequent BKs under 523 (a)(10). Therefore keeping the judgment alive.

Second, they are distinquishing the "value" of the judgment and an equitable lien. Their basis is: Renewals are only allowed for judgments that call for 1) money judgment, 2) sale of property and 3) possession of property. Nothing else.

Where does a "judgment" for an equitable lien fall?

The SOL for judgments is 10 years - then file for renewal - how do you renew an judgment stating value as an equitable lien?
 

I AM ALWAYS LIABLE

Senior Member
AEGee said:
First, the grounds were based on the debtors Ch 7 BK - however we had won an adversary against them under 727(a)(2) and 727 (a)(4)(A), thereby providing our debt and the others were non dischargable and not dischargable in any subsequent BKs under 523 (a)(10). Therefore keeping the judgment alive.

Second, they are distinquishing the "value" of the judgment and an equitable lien. Their basis is: Renewals are only allowed for judgments that call for 1) money judgment, 2) sale of property and 3) possession of property. Nothing else.

Where does a "judgment" for an equitable lien fall?

The SOL for judgments is 10 years - then file for renewal - how do you renew an judgment stating value as an equitable lien?

My response:

Well, if you can't get past their error of filing their motion after the 30 days had expired, then on the merits, I'd say they have made a good argument, and will win.

Good luck.

IAAL
 

AEGee

Member
Thanks for your info.

So, in your opinion - the fact that they filed the motion past the 30 day window is a good basis to allow the judgment to stand?

Do courts usually take the position that - because you didn't file within the specified time you can't go further?
 

I AM ALWAYS LIABLE

Senior Member
AEGee said:
Thanks for your info.

So, in your opinion - the fact that they filed the motion past the 30 day window is a good basis to allow the judgment to stand?

My response: Well, it's a "good basis" with which to deny their motion.


Do courts usually take the position that - because you didn't file within the specified time you can't go further?

My Response: Yes. It's like a "statute of limitations" of sorts; that is, the court loses it's jurisdictional powers to decide the motion on its merits if they blew their statutory time limit. So, if you plead your opposition in the correct manner, then you get to (as we call it in the business) win on a "technicality."

Good luck to you.

IAAL
 

AEGee

Member
Thanks, again for your response.

As you stated, "if you plead your opposition in the correct manner".... would the correct manner be stating the statutory time limit in the moving papers in opposition of the motion to quash.

And if it had been so plead, if the court grants the motion, could it be appealed based on this "technicality" at law?
 

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