Legal Question in Landlord & Tenant Law in California
time limit on reinstating a judgement which was vacated due to no show
I won a 12000 dollars judgement against my Tenant on May 2004. He filed to vacate the judgement 2 months later, I did not show in the court (I was not properly informed by my attorney as why I must go to court one more time). So tenant was able to vacate the judgemnet with no prejudice. Can you please tell me if I can still go back to court to reinstate the judgemnet after over three years? Thank you so much.
2 Answers from Attorneys
Re: time limit on reinstating a judgement which was vacated due to no show
I am sending you a link to the California Consumer Affairs web page, as there are a number of questions raised here.
It is unlikely that the Courts will reinstate the judgment, but I would still file the appropriate paper work.http://www.dca.ca.gov/publications/small_claims/judgment.shtml
You would appear to have a malpractice action against your attorney, if indeed your reason for not appearing was based on the attorney's advice.
Good luck!
Re: time limit on reinstating a judgement which was vacated due to no show
Once a judgment is set aside, under a fast track program, the case should go to trial within one year. There are provisions in the code for dismissal of a case if too long of time passes. Please call me if you have any questions.
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