A judgment was entered against me on a personal loan of $4000.00, I was making the agreed payment until I got laid off; then he garnished my paycheck, I paid of the garnishment, a portion was paid through my employer and when I got laid off I continued to make payments directly to him the last payment I sent him was in 2007, at which time I informed him that it was the final payment. In 20011 he renewed the judgment saying I still owe him $2000.00. We had a court hearing and the judge refused to make a ruling, where does that leaves me. I have all the money order with his signature that he cashed them and I also have a print out from my past employer showing how much they deducted from my check.The hearing took place a week ago. The motion before the court was asking the court to dismiss the renewal, because I had already made the final payment in 2007.
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I am not clear based on your description when this court hearing took place, what motion was before the court, and what the court stated on the record which you took as the court "refus[ing] to make a ruling." If a judgment in the sum of $4,000 was entered against you, that judgment (or any unpaid portion of the judgment) will continue to accrue interest at the rate of 10% per annum, simple interest, until paid in full. By way of an example, if a $4,000 judgment is unpaid for 10 years, it will accrue interest of $4,000, so the judgment can be renewed prior to the expiration of the 10-year period for a balance of $8,000. Also, a judgment creditor is able to serve a Memorandum of Costs, to add costs of enforcement of judgment to the amounts that will be collected. A renewal of a judgment does not require a court hearing. Was the hearing you are referring to a debtor's examination? You should make a list of all payments you have made, by dollar amount and date, figure out the accured interest and costs on this judgment, and then see how much you owe on this judgment, if any, based on the computation. If the computation matches the $2,000 claimed by the judgment creditor, then there is no mistake. If you come up with a different number, ask the judgment creditor to justify her/his number. Be sure to consult your own attorney to protect your legal rights.
The facts and dates are not clear. As to the judge making a ruling, what was the exact issue before the judge? Is this a consumer debt? Is the creditor a collection agency or a private party?
After reviewing the facts with an attorney, and documenting the situation with an appropriate letter, you can bring a motion to deem the judgment satisfied. You are entitled to collect some penalties from the creditor if you bring such a motion.
Did the judge say "motion denied"? You can get a copy of that hearing and read it if you missed something. I think you did this without an attorney?
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
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