Legal Question in Civil Litigation in California

I have an Employee Development Department civil judgment filed against me from April,2000. I have a couple weeks to file a motion to vacate if I'm opposed to the filing. What legal grounds, if any, do I have to file a motion to vacate successfully? If I file it, do I have to show in court to fight the filing of the judgment? It will go against me for another 10 years and they can garnish my wages, from what I understand.

Thank you!


Asked on 3/04/10, 1:25 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

It is not clear how a 2000 action could just now be subject to a motion. Whatever grounds exist to justify filing will come from the EDD file documents and hearing transcript. You have the burden of proof to show the hearing officer made a mistake of fact or law that would have changed the case outcome if corrected. Suggest you pay an attorney to review this with you to see if it is worth spending more money to do the filing and conduct the motion hearing. Judgments are forever, until collected, as long as they are renewed every ten years.

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Answered on 3/09/10, 2:10 pm


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