Legal Question in Civil Litigation in California

Re: Length of time civil judgement good for, filing bankruptcy if married and ju

Thanks for your posted question. Under California law, a judgment can be renewed every 10 years. If the judgment holder does not renew it, then it expires and cannot be renewed later.

You may have a creditor with a renewed judgment. If you want to vacate the judgment, there is a motion for that, but one of the factors the judge considers is how long you waited once you found out about the lawsuit to challenge service. I would say in this situation, the 10 years works against you (caselaw suggests that anything over one year after service creates a rebuttable presumption in favor of the judgment holder). If you vacate the judgment, you still have "notice" of the lawsuit, so you will then have a lawsuit to fight and perhaps get a judgment later.

You may file bankruptcy on this debt, although it can be renewed even with a bankruptcy, as I mentioned above, so you may face collection efforts in another 10 years.

Finally, regarding your husband, the answer to that question is complex, and depends on whether or not you and your husband had a prenuptual agreement, whether or not there was any "commingling" of community property wages with payments on this loan, and the time periods involved. I would say, however, that you do stand a very good chance of filing bankruptcy without your husband being affected.

I hope this helps -- but if you do have other questions, please feel free to email or call my office directly. Thanks,

Robert

Re: Length of time civil judgement good for, filing bankruptcy if married and ju

Your chances of winning a motion to set aside the judgment are slim. However, in CA, a judgment is good for 10 years and can be renewed for another 10. If the creditor does not renew the judgment, then there is nothing that can be done. It would be best for you to check the court in the area where you lived at the time the suit was filedto see when the judgment expires. Then follow up with the court clerk to see if a renewal of judgment has been filed. If no, then you are home free. As for your husband, a great deal depends on what went on between you at the time the suit was filed. I would need additional information. Please feel free to contact me either by phone or e-mail.