Legal Question in Credit and Debt Law in California

In California, judgments bear a n iterest rate of 10% simple interest. That means that on a $10,000 debt, the interest is $1,000 a year. If the judgment is renewed, then the principal sum becomes the total amount due on the date of renewal. So after ten years the $10,000 debt would be $20,000 and each year after the renewal it would be $2,000 per year in interest. but if the judgment in not renewed within the ten year period of time it becomes unenforceable.

Either on-line or by going down to teh Court where the judgment was originally entered, see if it was renewed within that ten year period of time. Making any payments on the judgment does not extend the ten years [it does extend the time to sue on the underlying debt]. If no renewal was timely made, write the attorney that the judgment is unenforceable, which she should know, that she is trying to take advantage of you, and that your are reporting the collection agency to the appropriate state agency [I am not sure which entit regulates them], and will find out from the State Bar if her behavior justifies a complaint.

Look up the bankruptcy records of Mann Bracken and see if anyone did legally buy your debt from them. If not, then there is no debt. they would have had to file a document showing all their assets, and if your debt is not on the list then no one could have bought your debt. All creditors stand in the shoes of the prior creditor; any defense that exists against the first exists against all the next.

They are limited to the items of recovery listed in the judgment. There probably is no award of attorney fees or any costs of recovery. In ten years the total debt doubles to about $19,482 less the $8,500 you have paid, so the remaining debt should be about $10,982, plus any accumulated interest [so $13,000 might be accurate]. They have to show how they come up with the figures they have; that is not your burden because you do not know what they are charging for.

The lawyer you spoke to is either a liar or stupid or both. Do not bother speaking with her again, go over her head to her supervisor or the head attorney in the office. Check the state bar records to see if she actually is an attorney; if she calls herself an attorney but is not, report her to the State Bar for practicing law without a license. Demand that the lien against your home be removed or you will file for slander of title.

If the above does not resolve all the problems, either post a question as to what problems still exist or give me a call at (510) 441-2684 and we can speak for 10-15 minutes at no charge to you.

[not proof read]