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How should I respond to a NOTICE OF RENEWAL OF JUDMENT?

Montrose, CA |

I received a NOTICE OF RENEWAL OF JUDGMENT. I never received the original NOTICE OF JUDGMENT filed just under 10 years ago. I can only assume that this judgment was for a vehicle that was repossessed. I was either incarcerated or homeless at the time the original judgment was made. How do I respond?

Attorney Answers 3

Posted

I think it is far loo long to attempt to overturn the original judgment.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Asker

Posted

Okay. So what now? The judgment looks as if it's DOUBLED. Am I screwed?

Michael Charles Doland

Michael Charles Doland

Posted

Perhaps Mr. Lysle below has a strategy you can use.

Posted

The advice given seems to be sound, but you can consult with an attorney in person to make sure.

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Posted

It might be possible to bring a motion or an action to set aside the original judgment, if the court never validly obtained personal jurisdiction over you. You need to have a lawyer review the documents supporting the original judgment.

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Asker

Posted

Should I contact the creditor to "negotiate"? Can I keep this from going on my credit as it's not there now? How much would it cost me to retain an attorney for this issue?

Richard Scott Lysle

Richard Scott Lysle

Posted

Each attorney has his or her own fee structure, and there are a number of factors involved. This should no longer be on your credit as the debt is more than 7 years old. "Negotiation" can be complicated if you do not know what you are doing. I usually request debt validation and copies of supporting documents before initiating negotiations, although each case is different. If I find any FDCPA violations, my negotiations may start with a demand that the debt collector pay damages or penalties.

Asker

Posted

Is the statue of limitations on this particular case 7 or 10 years? And thank you for your comments...

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