The judgement is 4 years old. I have been receiving disability compensation at 100% for approximately 12 years. The compensation is permanent. I do not own a home. I am the sole provider for 4.
That would not be a legal basis to vacate a judgment. However, you might be entitled to file a Claim of Exemptions to prevent the judgment creditor from enforcing the judgment against you.
Basically, it works like this. If you are a debtor in California who has difficulty satisfying a judgment after being served with a Writ of Execution, you can file a Claim of Exemption along with a Financial Statement. A Claim of Exemption is a form a debtor files with the levying officer (like the sheriff) explaining why the wages that the creditor wants the debtor’s employer to garnish should be exempt (excluded).
The forms are:
Turn in 2 copies of the Claim of Exemption (Form WG-006) and the Financial Statement (Form WG-007) to the levying officer in your case (like the sheriff) within 10 days of receiving the Notice of Levy. Keep one copy of both forms for yourself.
For Claim of Exemption for non-wage garnishments, use Form EJ-160 instead of WG-006:
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Debt Collection Attorney
No. The judgment will remain on record. However, a judgment does not compel you to pay anything. If all of your assets and income are exempt from levy or garnishment, the judgment is worthless.
Personal Injury Lawyer
As long as those are your only sources of income, then the judgment will remain in place because these disability payments cannot be garnished.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
In New York where I practice, that would not be grounds to vacate a judgment but it would be grounds to exempt that income from garnishment. If you wanted to vacate the judgment you would have to show teo things: (1) that you had an reasonable excuse for defaulting and (2) that you had a defense to the lawsuit.