Legal Question in Wills and Trusts in California
Expiration for Filing Judgement
I am writing this letter on behalf of my father who is handicap (Profoundly Deaf).
In the early 90's, my grandmother sold a home. There was a balance left on the monies owed to her, of 65K. She had an extremely difficult getting these monies owed to her, for vaious reasons. She agreed to sign a ''Notice of Settlement Pursuant to Stipulation for Judgement'' that basically said that the other party that owed these moneies would agree to pay a principal sum of 35K. They paid 10K forthwith after the execution by the parties of Stipulation and Agreement of Settlement and Mutual General Release. The balance of 25K, plus interest at the rate of 6% per annum shall be payable upon the close of escrow on another property they owned. This never happened as my Grandmother passed away, and due to greif, and lack of legal knowledge my father never pursued filing the judgement to get the monies on behalf of my Grandmother.
Is it too late. The party who owes this money has avioded payment and from what I understand, there is something about 10 year expiration in California to file. Is this correct? Is it still possible to file the judgement to get the 25K = 6%?
4 Answers from Attorneys
Re: Expiration for Filing Judgement
The judgments can be renewed. It's difficult to give a precise answer without knowing all the facts, but a collection attorney should review them and let you know what can be done, and what the next steps are.
Was the judgment recorded in the county where the property was? Has the property been sold, or is it being sold?
Re: Expiration for Filing Judgement
There is a 10 year period on the validity of judgments, but there are also exceptions to the rule. Also, you may have a claim if the stiplation called for regular payments. I would be happy to review this matter with you further if you contact our office.
Re: Expiration for Filing Judgement
yes a judgment is good for 10 years unless renewed and given your father's inaction i would assume 10 years --- you fail to give the exact date of the "judgment" along with other details ---- get to an attorney yesterday --- if the 10 years has not passed it can be renewed automaticlly upon filing of certain form -- is it has you still can petition the court --- there is still more involved so if you wish to consult with me i am in the sf bay area 925-945-6000.
Re: Expiration for Filing Judgement
judgments can be renewed. I need to review the case file before I can give you an exact answer.
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