Legal Question in Credit and Debt Law in California
judgement renewal
I have an 11 year old judgement against a person. Haven't heard from my attorney in 6yrs. Person whom the judgement is against has some assests. Judgement was not renewed by my attorney at the 10yr. point. what can I do? help?
4 Answers from Attorneys
Re: judgement renewal
Your judgment is no longer valid. However, you should contact a malpractice attorney to see if you have a potential claim against your attorney.
Re: judgement renewal
Under the facts given, unfortunately, you may have inadvertantly surrendered all rights to collect upon this judgment, since it was not renewed on or before the 10 year point. You may have standing against your attorney however, but we would need more facts.
Re: judgement renewal
Must be renewed within the ten years. Look at the agreement with the attorney to see if it was his/her responsiblity.
You would have to show the judgment collectible to recover against the attorney at court.
Re: judgement renewal
Depending upon the situation, you may be able to sue on the judgment itself, but a new lawsuit would be required. Renewal is out of the question - there is no tolling of the 10 year renewal statute.
If you have no recourse, you may have a claim against your attorney for malpractice, but only if, among other things, (1) the attorney was responsible for renewing the judgment, and (2) had the judgment been renewed timely, it would have been collected.
In other words, just because the judgment was not renewed does not mean that your attorney incurs liability.