Legal Question in Credit and Debt Law in California

Using pleading paper to vacate a judgement.

I have a civil judgement that first started in 1994, then renewed in 2004, I wrote a letter to the court recently seeing if I can have my judgement vacated, I never received a response back from them, so I finally called, and they stated I have to do it on pleading paper, can I do it myself or does a lawyer have to do it for me? I really would like to get this resolved, because I orginally lost because of default, and now my judgement is more than 12000, thanks for any suggestions.


Asked on 5/14/09, 6:47 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Using pleading paper to vacate a judgement.

Unless you are just now hearing about the judgment for the first time, your choices are limited to either paying or filing for bankruptcy.

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Answered on 5/14/09, 6:57 pm
David Gibbs The Gibbs Law Firm, APC

Re: Using pleading paper to vacate a judgement.

I would actually add to Attorney Stone's reply - even if you are just now learning about the judgement, 15 years later is too late to vacate a judgment. In certain, very limited circumstances, you can set aside a default judgment where you were not properly served, or have other reasons for not filing an answer to the lawsuit. 15 years, however, is almost certainly too long a time for the Court to reach back and set aside the judgment and default. If you want to try, a litigation attorney could prepare the motion for you, but it is not a simple form you can fill out. Contact a local litigation attorney to discuss your options, but I fear you are way too late. Bankruptcy or settlement (pay or payment plan) are about your only options. One final option is to cotinue dodging them until the judgment expires.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/14/09, 7:37 pm


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