Legal Question in Credit and Debt Law in California
So I'm not entirely sure how to word this question so bear with me please.
Many years ago a creditor took me to court, without my knowledge. I never got a summons or any kind of notice that they were taking me to court. The judge awarded them a judgement automatically for me not showing up to plead my side. I found out at a later date when I was hit with a wage garneshment about the previously mentioned judgement. A short time after that I was laid off and had to seek new employment. At this point the garnishment stopped since i no longer worked at the employer they had on file.
fast forward several years. (6-7years)
Several Years later I decided it was time to start cleaning up my irresponsible use of credit cards and paying off old debt. A short time after making payments to other creditors, the creditor that was awarded a judgement contacted me to arrange a payment in full on the passed due account. I was unable to pay the full amount at the time and set up payments. After doing some research I find that there is a 4 year statute of limitations in California on Judgements....
Now since i've re-established contact and made payments am I basically out of luck and the statute starts all over? What do I do?! What are my options or courses of action?!
On a side note I did run a credit check on myself with the 3 credit reporting agencies and nothing at all was on my reports about the judgement or any debt that i owe to them.
I truly appreciate the time and effort anybody can take to shed some light on my situation.
2 Answers from Attorneys
A judgment in California is effective for 10 years. If, after that period, the judgment is not renewed, it is no longer valid and does not need to be paid. When was the judgment originally granted?
The statute of limitations applies to the time to file a lawsuit. Once the lawsuit is filed in time, there is no statute of limitations. As Mr. Jordan says, once there is a judgment against you, it is good for ten years. It can, however, be renewed indefinitely every ten years until paid out of your estate if need be.
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