Legal Question in Credit and Debt Law in California

Re: ''involuntary lien on renewable judgment

A lot depends on how you were supposidly served. Maybe you were served by publication. Anyway, you should obtain a lawyer to review the entire file and file an Opposition to the Application to Extend the Judgment.

Re: ''involuntary lien on renewable judgment

If you were not served in the first place, the judgment is void, as well as the lien. However, you need to ask the court to set aside the judgment. Especially if some time has passed, you should not risk trying to do this yourself. Hire a lawyer, because it is a technical motion and judges are not sympathetic to unrepresented people who try to bring them. Time is also of the essence as it is easier to bring these motions earlier rather than later.

Re: ''involuntary lien on renewable judgment

You could file a motion to vacate the judgment, and if you can convince the judge that you never were served, then the judgment will be vacated (eliminated) as will any liens resulting from the judgment. I've had some success at this. In one case, the process server stated on the proof of service that the defendant was served at 8:00 a.m. at his home at such and such address. The address turned out to be a mail box rental place that didn't open until 9:00 a.m. When confronted with those facts, the plaintiff agreed to vacate the judgment.

There is also a good chance that the plaintiff will be willing to vacate the judgment if you pay it off -- or if there is some valid dispute, or if you will be difficult to collect from, you might be able to settle it for less than the full amount.