Legal Question in Credit and Debt Law in California

Default Judgement

I recently received notice that a default judgment had been filed against me for a traffic accident in which I was not insured. I have never filed for bankruptcy and am wondering if this is an answer to dealing with the large sum of money that I am assuming the courts are going to try and get from me...which I do not have nor will, even if I gave them my entire paycheck for a year!


Asked on 11/26/02, 6:02 pm

3 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Default Judgement

Thank you for your inquiry.

Bankruptcy will get you relief from the judgment, assuming no part of it was for fraud or some other intentional act.

Something else you should know is that under California law, a judgment can be renewed after 10 years. Although the bankruptcy can keep the creditors from collecting on this judgement, this can be renewed, placing you back in this situation again, or requiring you to file bankruptcy again 10 years down the road. (You can file, under current law, once every 7 years).

The way to avoid this is to bring a motion for relief from the default, but as another attorney here mentioned, this is expensive and time consuming.

I strongly suggest you meet with an attorney to go over all your options and answer questions particular to your situation.

I hope this answer helped, but please feel free to contact me directly if you feel you need assistance or have additional questions. You can reach me at [email protected], or toll free at 1-877-568-2977. Thanks again, and best of luck.

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Answered on 11/27/02, 4:48 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: Default Judgement

Bankruptcy is an option for you, and may be in your best interests. Feel free to contact us if you would like to explore further.

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Answered on 11/26/02, 6:11 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Default Judgement

Bankruptcy may be the answer, if the judgment is for negligence, not an intentional tort. The default judgment may also be able to be overturned and the case retried, but this will cost quite a bit and you'd still have to defend yourself without the help of an insurance company.

See a bankruptcy attorney, who can review the details of your case, and you may wish to consult with a civil litigation attorney as well, to see whether it's possible and/or worth undoing the default judgment.

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Answered on 11/26/02, 6:15 pm


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