Legal Question in Civil Litigation in California
A couple years ago, I was sued by a lawyer on behalf of his "client" for money they claimed I owed on a student loan from 1984!! (The loan was previously considered satisfied because the school had closed during my term.) I had all the documents to show the lawyer and finally, on the day before court, he agreed that I was right. I assumed that he would go into court the next day and withdraw the lawsuit, but instead, he said nothing and a default judgment was entered against me. I'm fairly sure he will cooperate with me in deleting the judgment, but I don't know if a Satisfaction of Judgment by him is the right way to go, since the whole judgment was based on his failure to act appropriately. What other action can I take to get this judgment removed? He hasn't contacted me at all since the court date, either to collect on his "judgment" OR to explain what happened and offer to assist in resolving it. I think he may be liable for some kind of abuse of process, at least. Any idea as to what I should do?
3 Answers from Attorneys
You should seek to have this judgment set aside asap. A satisfaction of judgment is not sufficient as it would still effect your credit
You are never going to get a judgment set aside "a couple of years" after it was entered. If he will take a satisfaction of judgment, go for it. At least that will take it off your credit as an unsatisfied judgment.
You were incredibly foolish in failing to go to court and defending yourself. It is your job to defend yourself, not opposing counsel. I also agree with Mr. McCormick that you would be able to file a motion to set aside any judgment, as the time has long since run.
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