What to Do After the Statute of Limitations for Civil Judgement Passes

[JenH]

My question involves court procedures for the state of: California

My husband had a large civil judgment against him while we were married and he did nothing, including telling me. A default judgment was entered in January of 1999. Now we are trying to re-finance the house and I found out about the liens on the property resulting from this judgment.

It has been over 10 years and the judgment has not been renewed, how does one go about getting the liens removed and is there a risk that the judgment can be renewed even though it has been more then 10 years. It appears the original law firm for the plaintiff no longer exists but some of the partners are still around.

I talked with a local lawyer and he told me he had never heard of a judgment of this size (~$400K) that was not renewed and didn't really know what the next step would be.

Thanks,
Jen

[CourtClerk]

A judgment can be renewed as long as the court hasn't destroyed the case.

The SOL only applies to when they can sue you, and it can be used as an affirmitive defense, not after judgment. If the abstract of judgment was already filed, it's going to stay so long as the judgment hasn't been paid. The County Recorder will not lift it, without a court order or satisfaction of judgment even if the judgment wasn't renewed.

[JenH]

Perhaps I am using the wrong terminology, I was told that a judgment in California was enforceable for only 10 years after it was entered and was no longer enforceable after that time. It could be renewed at any time for another 10 years during the enforcement period.

What isn't clear and what I have gotten differing opinions on is if after the 10 years has passed and the judgment was not renewed does the plaintiff's attorney loose the right to renew the judgment and I can get a court order to lift the liens.

[CourtClerk]

In the courts I have worked in, so long as we haven't destroyed the case, the Judgment Creditor can have the judgment renewed. Most courts do not destroy cases exactly at the 10 year mark because there just isn't anyone running a report everyday to see what judgments are 10 years old. I've seen cases that were at the 11 year mark (and one even older) renewed.

Can you motion the court to lift the lien? Sure. When you do, expect the plaintiff to renew the judgment since they will have to be served with the motion.

[BOR]

Perhaps I am using the wrong terminology, I was told that a judgment in California was enforceable for only 10 years after it was entered and was no longer enforceable after that time. It could be renewed at any time for another 10 years during the enforcement period.

What isn't clear and what I have gotten differing opinions on is if after the 10 years has passed and the judgment was not renewed does the plaintiff's attorney loose the right to renew the judgment and I can get a court order to lift the liens.

I researched this before for someone somewhere.

Here is an article about Fred Goldman and his renewal of his judgment against OJ. I found the actual court suit on it one time, but can't come up with it now.

See what you think?

http://www.metnews.com/articles/2008/simp022108.htm


http://law.justia.com/california/cod...0-683.220.html