Legal Question in Civil Litigation in California
What is a writ of execution(money judgement)? I have receive this judgement and need to know what direction do I go in first. Should I contact the Plaintiff and make an arranfgement or is it to late? We are in the process of lossing our condo and this judgement is from the maintenance company that provides the ground service to our condo. We have been unable to pay their fees. What would be the best thing to do to resolve this when we don't have the money to pay for the maintenance service.
2 Answers from Attorneys
Before there was a judgment, there was a lawsuit which you received; and you blew off the lawsuit instead of responding. So the case is over, and you lost. After you lose the condo they will take the money from your checking account or paycheck. It is always possible that they could settle with you, but they don't have to. By now you should have been to see a bankruptcy lawyer about whether you can stop the foreclosure and/or eliminating this and your other debts. Remember that filing for bankruptcy automatically stops a foreclosure, at least for the time being.
Mr. Stone is partially correct.
At least one question, however, is how long ago was the judgment entered, and why did you not respond to the complaint and summons? The answers might determine whether you still have an opportunity to seek to set aside the default.
Another question is why the maintenance company is going after you personally and not the homeowners association. That makes no sense as it is the homeowners association that is responsible for maintenance of the common areas. Even if you were not paying your homeowner's association dues, the maintenance company would not have the right to sue you personally.
Finally, whether the plaintiff would agree at this point in time to working out an arrangement, assuming that is your best recourse, can only be known by asking.
You should, of course, be seeking the advice of an attorney as to all of these issues.
Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the LawGuru website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. The Law Office of Herb Fox does not and cannot warrant that any communication between the user of this Web site and the Law Office of Herb Fox shall remain confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.