Legal Question in Credit and Debt Law in California

I just found out that I have a 20 year judgement that I knew nothing about. It appears that the twenty year mark is near and that the collection agency is trying renew it. I received a letter stating that I have 30 days if I wasnt to contest the renewal. At this point what should I do? It appears that it was for a rental unit in 1990 that I lived but moved from but made payments to the apartment managers ( a couple next door to me) on site. I have no way 20 years later proving that I paid while I lived there. I'm not even sure if I paid by check or money order back then.


Asked on 5/26/11, 9:22 pm

1 Answer from Attorneys

Curtis Cavalletto Mandarano, Cavalletto & Associates

The answer to your question depends on numerous variables to your particular situation. If you knew nothing about the judgment, then there could be grounds to vacate the judgment based on improper service or a lack of due process in the original case. However, given that this judgment has been outstanding for 20 years, and no one has collected on it, the question that I would ask is: what risk is there in letting the judgment sit for another 20? Are you judgment proof? (i.e. do you own any assets, such as a house, or other real property? What is your primary source of income - social security, disability, worker's compensation?) If they've been unable to collect in 20 years, is anything going to change in the next 20? As far as what you should do - it would require more information than what you've provided here to give you a solid answer.

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Answered on 5/26/11, 9:51 pm


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