Legal Question in Personal Injury in California

30 year judgement

I was awarded $500,000.00 in a jury trial in 1973 for a California auto accident. In 1980, I attempted to renew the judgment through my original lawyer but I was told that I did not have any recourse. My attorney said he thought the person had put all his assets in his mothers name and there was nothing they could do but if I could locate and investigate if the person had any other assets or property or where he worked then I could pursue further legal action. I was advised to take the matter into my own hands. Basically, I was misled and naive about my options and the law. I was under the assumption that my lawyer would be the one to renew the judgment or take care of any additional legal filings. At this point I don't know if any renewals were ever filed. Even though there is a ten year period, can I still pursue the judgment? Is there recourse for the being mislead by the lawyer. Can I seek the courts to reinstate the judgment? I was falsely misled and advised. I am disabled and if I could collect any portion of the judgment it would be a blessing.


Asked on 7/21/07, 2:22 am

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

Re: 30 year judgement

I am extremely busy today, and need to look up some law before answering this.

I will get back to you ASAP, but since you have waited 34 years, I hope another 24 hours is acceptable.

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Answered on 8/08/07, 6:16 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: 30 year judgement

You are probably out of luck. The judgment cannot be renewed and any claim against the prior attorney is probably barred by the statute of limitations.

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Answered on 8/08/07, 9:18 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: 30 year judgement

A judgment must be renewed in California every 10 years. There may be a case for malpractice against your lawyer, but that will depend upon the facts. If he failed to advise you properly and it can be proven, it may be worth pursuing. The judgment has been accruing interest and there is now probably over a million owed.

Call me if you want to discuss this further and look into the matter.

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Answered on 8/08/07, 9:46 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: 30 year judgement

I agree with my colleagues, Mr. Stein and Mr. Roth. Because of the 10 year rule with judgments, there is no way to open this judgment.

As to malpractice, the statute of limitations almost certainly bars a suit against the attorney.

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Answered on 8/08/07, 11:28 pm


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