Legal Question in Family Law in California
Statue of Limitations on Judgements?
Is there a statue of limitations on divorce agreement judgements? My X has not paid me the monthly amount agreed upon for my equity in property. I have kept my name on the deed. He does not want to sell property. He does not have a job. He will get his social security in a few months, but I know I can not garnish that. Also is it possible to set up another agreement? I need to know how much time I can let go by before I must do something to protect myself. Can I force him to sell?
Thank you ahead of time.
Sandy
2 Answers from Attorneys
Re: Statue of Limitations on Judgements?
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
With regard to the enforcement of judgments for the possession or sale of property under the Family Code, the family court's discretion is limited by the rules concerning the period of enforceability and renewal of judgments in the Enforcement of Judgments Law (EJL) (Ca Civ Pro � 683.010 et seq.).
Thus, the family court has no discretion to enforce a judgment for the possession or sale of property beyond 10 years after entry of the judgment unless the judgment has been properly renewed under the EJL within the 10-year period. (However, an action on the judgment may still be possible, subject to the Ca Civ Pro � 337.5 statute of limitations.) [See Ca Civ Pro �� 683.020, 683.050, 683.110, 683.120]
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.
Re: Statue of Limitations on Judgements?
You probably have ten years to collect the judgment, however, it may be extended, depending on the wording of your judgment and also, since your name is on the property. You should have the judgment reviewed bby an attorney so that you will know what your options are. Good Luck, Pat McCrary