Legal Question in Personal Injury in California

can defendant change a judegment under appeal after judge awarded me 4000,00 judgement

defendangt change court date and had examination court date removed for april 6 2011. can they do that? can they do that after appealing the judges ruling.


Asked on 2/26/11, 7:34 am

1 Answer from Attorneys

James Goff James R. Goff, Attorney at Law

Without more facts it is difficult to understand your questions. Generally, a judgment cannot be changed unless the court that issued the judgment approves a change based on some type of motion. An appeal does not prevent enforcement of a judgment unless the court that issued the judgment sets a bond on appeal. A plaintiff's recourse is to the bond once the appeal is completed. A debtor's examination can be continued if the debtor is unavailable on the date originally set. As a judgment holder you should file an abstract of judgment to prevent the debtor from disposing of his assets before you can collect the judgment. The amount you referenced is below the jurisdictional amount for a Superior Court. If you have a judgment from a small claims court the rules are quite different. An appeal results in a trial de novo.

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Answered on 2/26/11, 3:22 pm


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