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  1. #1
    Join Date
    May 2010
    Posts
    6

    Default Judgement Not Correctly Recorded

    My question involves judgment recovery in the State of: California

    Facts:

    This is a complicated set of circumstances, so I will do my best to post relevant facts:

    #1. In 2004 Eskanos and Adler, on behalf of Bank of America, personally served an an individual at an address on my same street that was likely not my address (my street has East and West with the same street numbers). Therfore, I never recieved personal service.

    #2. Subsequent to service, unknowing of service, I sold my home and moved to another County.

    #3. From 2004 until current I have had several credit cards, loans, etc... Equifax FICO score= 780.

    #4. About month ago, I was looking at the online recorder's index in the county I previously lived and saw an Abstract of Judgment - WTF right?

    #5. I drove to the County Clerk Recorder and looked at the physical document (here it gets complicated) - the online index has my name and Bank of America. However, the physical document is a completely different person, diferent address, different SSAN. The attorney is Eskanos and Adler. I did not raise the obvious error with the Clerk.

    #6. All three of my credit reports show no public records, no derogatory statements, etc.

    #7. I did owe Bank of America a debt and they obviously turned it over to Eskanos and Adler. E&A likely screwed up service, the recorder screwed up the recording.

    #8. To my knowlege, I have not had any judment collectors after me.

    Questions:

    #1. Should I do nothing and hope this has completely fallen through the cracks and that the judgement does not get renewed?

    #2. Should I wait and see if BofA trys to renew and then raise all afirmitive defenses afforded me?

    #3. Should I immedialty take action, motion the court and try and get the judgment vacated?

    Opinion:

    1. I do owe BofA, however I am inclined to do nothing at see what develops.

    2. If anyone could have completely screwed this up Esanos and Adler could.

    3. I have to be the lukiest person in that the recorder (or possibly Esanos and Adler) screwed up the actual recording.

    All opinions welcome!

    -Drums

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Judgement Not Correctly Recorded (Complicated)

    Not going into details, I have asked my attorney about a similar situation where the other party messed up. I was told I have "no legal obligation" to notify them of any errors.

    In fact, I have a common name for my ethnicity, at one time, I get collection calls for someone by my name, and it appears they go through the phone book calling every such name. I was also told that in some cases, they just obtain a default judgment against some poor slob by that same name.

    I dont' know what the SOL is for your particular debt, but if they wake up one day, they would most likely have to go and sue the correct party, i.e. you. If you wait long enough, it might be too late to sue you.

    If it was me, I would let sleeping dogs lie, and just leave it alone, based on my attorney's advice: "NO LEGAL OBLIGATION" for you to do anything.

  3. #3
    Join Date
    Jun 2010
    Location
    California
    Posts
    2

    Unhappy Re: Judgement Not Correctly Recorded

    Legal judgments in the State of California have a shelf life of 10 years.

    There are ammendment documents that can be submitted to the courts to correct any errors in documentation.

    You are in a catch 22 position:

    1. Hope that they don't catch on to the fact that they've done the paperwork wrong; in which case, with the exception of your Conscience, you should have no worries,and should be out of the line of fire.

    2. Judgments accrew monthly intrerest at a set monthly interest rate. Keeping this in mind, if you got a letter in five years, filled out correctly this time, for example, you'll most likely find that the total amount owed is a tad higher than it was when the judgment was ordered in 2010.

  4. #4
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Judgement Not Correctly Recorded

    Quote Quoting Cordova1981
    View Post
    Legal judgments in the State of California have a shelf life of 10 years.
    And then can be renewed for another 10....
    There are ammendment documents that can be submitted to the courts to correct any errors in documentation.
    Really? In a civil case? Are you sure about that because there are no "amendment (or ammendment) documents" that I'm aware of to use in a civil case. Maybe you can point me to one so I can see what one looks like.

    2. Judgments accrew monthly intrerest at a set monthly interest rate. Keeping this in mind, if you got a letter in five years, filled out correctly this time, for example, you'll most likely find that the total amount owed is a tad higher than it was when the judgment was ordered in 2010.
    Judgments accrue post judgment interest at 10% per year per the CCP

    You are not an attorney, nor are you well versed in civil law or procedure, so maybe you shouldn't respond.

  5. #5
    Join Date
    May 2010
    Posts
    6

    Default Re: Judgement Not Correctly Recorded

    The Judgement was ordered in 2004.

  6. #6
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Judgement Not Correctly Recorded

    Quote Quoting Drumsrlrl
    View Post
    The Judgement was ordered in 2004.
    If you haven't heard anything since 2004, then this issue is as dead as a doorrnail.

    As far as interest accruing, it seems you were never properly served to begin with, thus you never showed in court, and thus, a default judgement entered.

    And then, recording it all wrong, a totally different person? Well, it seems that they couldn't find this nonexistent person either. There is no way they can come after you for interest after all of this.

    You got so many issues, so if I were you, just sit back, and get a lawyer if this thing ever resurfaces, if it ever does.

  7. #7
    Join Date
    May 2010
    Posts
    6

    Default Re: Judgement Not Correctly Recorded

    Thanks for the responses. Yes, doing nothing is my inclination (and specialty). If 10 years passes (5/2014) with now attempt at renewal, I may look into vacating the judgement.

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