Legal Question in Landlord & Tenant Law in California

Best way to PAY a judgement?

Almost 10 years ago I received a default judgement in small Claims court. (Landlord/tenant dispute) I'm not guilty

of the damage. I wasn't able to go to court because I just started a new job and they wouldn't allow the time off. The plaintiff implied that he would just keep my security deposit after the judgement. I didn't hear from him AT ALL in nearly 10 yrs. (SOL is 10yrs) I receive a renewal of judgement notice with the new charges and interest added. Since its unlikely that the judge will retry the hearing, I just want to pay the total before a 2nd judgement goes on my record. The landlord told me he was not interested in the money, he just wants to ruin my credit and make the total larger. What is the most correct way

to pay him so this doesn't go to court again. Or should I file a motion to vacate and hope the judge will hear my side 10 yrs later?


Asked on 9/26/07, 7:46 pm

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Best way to PAY a judgement?

I apologize for not answering sooner.

I thoroughly agree with Mr. Guerrini. Follow his advice!

Read more
Answered on 9/28/07, 6:55 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Best way to PAY a judgement?

The statute of limitations on a motion to vacate is long gone, given the facts you stated.

You cannot force the creditor to take the money, but you can pay it directly to the court clerk and obtain an Acknowledgement of Satisfaction of Judgment from the court. To do this, you must bring cash or cash equivalent to the court, and you will be required to pay the judgment plus all accrued interest (which, after ten years, essentially amounts to a grand total of twice the face amount of the judgment).

The renewal process is via paper only; there is no hearing. There may be ways to challenge the renewal; you would need to retain an attorney to research that issue for you, based upon the particular facts of your case.

Good luck.

Read more
Answered on 9/26/07, 8:02 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California