Legal Question in Civil Litigation in California

Assignee Standing

Quick question:

BACKGROUND:

10 year-old money judgment was renewed in Jan 2002 by collection agency attorney. Deft. filed Motion To Vacate in May stating improper service. Record shows that Deft. was improperly served in 1991 prior to the 1992 hearing. Plain. claims Deft. wrote NSF check for over $2000. This was basically--name removed--Small Claims contract case prior to the judgment. Deft. has affim defenses and evidence. Case was heard in June. Motion was denied in June. Deft. filed appeal. Case is now under de novo review by Court.

QUESTION:

Can the Assignee of Record stand in the shoes of the Judgment Creditor to renew the 10-year old money judgment? Is the Assignee ineligible in any way as party for this action?

All opinions are welcomed and appreciated!


Asked on 8/13/02, 7:07 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Assignee Standing

The assignee stands in the shoes of the assignor. If the judgment was obtained without jurisdiction, either subject matter or personal jurisdiction over the judgment debtor, the judgment can and should be set aside. But, you bear the burden of proof on the issue. This is doable, but not a slam dunk after 10 years. I don't recommend doing this on you own.

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Answered on 8/16/02, 3:15 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Assignee Standing

The assignee can renew the judgment. He now owns it. If the motion is granted, then he must get the plaintiffs to court, although it may be too late.

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Answered on 8/14/02, 11:45 pm


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