Legal Question in Credit and Debt Law in California

I won in court and very sizable final judgment was recorded in my favor, in Florida back in 2001.

The debtor never paid and moved to California many years later. In 2008, I successfully domesticated the money judgment as a sister state judgment in CA. All attempts by debtor to vacate the judgment were denied and the judgment stands in the public records. I was successful in getting a wage garnishment placed on the debtor for a few months but a higher priority garnishment took my place.

I just learned that a money judgment expires in CA -10 years after the date it was recorded- unless you renew before that 10 year mark.

HERE'S MY QUESTION: WHICH DATE OF RECORDING APPLIES HERE?

~ Is that 10 years from the date of the ORIGINAL recorded judgment in Florida? Or from the date it was recorded as a SISTER STATE JUDGMENT in California?

I didn't renew the judgment yet and want to make sure I still have time in case it expires 10 years after the ORIGINAL recording of judgment in Florida 2001.

Also, would the time have been tolled for any reason? Like when I got money from the wage garnishment for a few months or when the debtor moved out of state from FL to CA?

Seems like basic law here but I can't seem to find any CA civil codes (or even info outlined in the SSMJA) specifically addressing WHEN the clock starts running for expiration/ renewal purposes. Any straightforward answer (or CA Civil Code) to this mystery would be most appreciated.

** I may want to discuss hiring atty who can help me. THANK YOU!!


Asked on 2/04/11, 3:47 pm

1 Answer from Attorneys

You need to treat the two judgments as separate judgments, except if the FL judgment expires or otherwise becomes unenforceable the CA will die with it. So renew the FL judgment as required under FL law, by the deadlines under FL law. As long as the FL judgment is kept alive under FL law, you simply renew the CA judgment as if it were a stand-alone CA judgment, ten years after it was entered.

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Answered on 2/07/11, 1:17 pm


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