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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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Hi, If the case went to trial, the defendant was found guilty

Customer Question

Hi,
If the case went to trial, the defendant was found guilty went to prison, then a judgement was awarded to both juvenile plaintiffs in October of 1995, of $100,000 a piece, then nothing was done because the two boys, now men, did not realize this judgement was theirs. Can they still collect?
Thank you,
Kathleen
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

Were the judgments awarded to the Plaintiff's as "restitution" because of the crime?

Thanks
Customer: replied 1 year ago.

It says under, Liability/Damages: The plaintiffs..actually uses their names, and the defendants view of why he plead guility, plaintiffs seemed to recall in the past that sexual molestation of the types described above did occur in 1990and 1991. In California, plaintiff has the burden of proof according to a preponderance of the evidence. The arbitrator finds that the evidence presented would tend to prove that the incidents did occur as claimed in October of 1990 and November of 1991. Therefore, liability is found 100 percent against defendant xxxxx.


Accordingly, minor is awarded the $100,000.00against defendant xxxx. minor 2 is awarded the sum of $100,00.00 against defendant xxxx. Costs of suit are awarded to plaintiffs agains defendant.


Dated: October 32, 1995


 


Respectfully submitted,


xxxxxx


Arbitrator

Expert:  xavierjd replied 1 year ago.
Hi Kathleen,

Thanks for the information.

I want to look up a couple of things. I will be back with an answer for you asap.

Thanks for your patience.
Customer: replied 1 year ago.

Hi,


 


Thanks for the help,


 


Kathleen

Expert:  xavierjd replied 1 year ago.
Hi Kathleen,

A judgment is an official entry entered on a court's docket that signifies that a plaintiff has prevailed in his civil action against a defendant. The judgment will usually name the parties and the amount of damages awarded to the plaintiff. Once the court issues the judgment, the plaintiff is characterized as the judgment creditor and the defendant, the judgment debtor. California, like other states, has established a maximum period of time within which a judgment creditor can enforce his damages award against a judgment debtor.

Pursuant to §683.020 of the California Code of Civil Procedure, a judgment creditor has a maximum period of 10 years within which to enforce or collect on his judgment for damages against a judgment debtor. A judgment creditor can utilize various post-judgment collection procedures authorized by California law in order to obtain satisfaction for his monetary judgment. These include garnishing a debtor's wages, placing a lien on his real property or attaching his assets.
California Code of Civil Procedure §683.110-683.220 allows a judgment creditor to renew his judgment for a period of 10 years by filing an application for renewal in the court that issued the original judgment. Once the application for renewal is filed in court, the enforceability of the judgment is automatically extended for an additional 10-year period. The dollar amount of the renewal judgment will be adjusted by the court to reflect any payments remitted by a judgment debtor to the judgment creditor since the judgment was originally issued.
In accordance with §683.020 of the California Code of Civil Procedure, should a judgment creditor fail to properly renew his judgment, all post-judgment collection procedures previously authorized by a court must cease. Upon the expiration of the 10-year limitations period, any existing writs of garnishment, liens against real property or attachments against a judgment debtor's personal assets are extinguished.
So, if there was a civil judgment entered against the Defendant, you had to pursue collection of the judgment within 10 years of the entry of the judgment UNLESS you sought to renew the judgment BEFORE the time ran out.

HOWEVER, if the judgment was for RESTITUTION (and not a civil judgment) to the victim(s), then there is NO statute of limitations and the Defendant MUST pay. Even if the Defendant files for bankruptcy, restitution CANNOT be discharged.

In conclusion, if there was a civil judgment entered by the Court, then there is a 10 year statute of limitations UNLESS there was a Petition filed to renew the judgment for another 10 years. If the money was Court Ordered as restitution, the Defendant must pay it. There is NO statute of limitations.

You may wish to take your paperwork to an attorney who specializes in civil law. The attorney can look it over to determine whether the monies can still be collected.

I hope that you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 10 other Criminal Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Kathleen,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd
Expert:  xavierjd replied 1 year ago.
Hi Kathleen,

WOW! Thank you SO much for the GENEROUS bonus! I am happy to have given you information that you found useful.

Best of luck to you.

xavierjd
Customer: replied 1 year ago.

Hi Xavierjud,


 


I will let you know how it turns out, was a shock to discover their court records. Strange really, that is a large amount for the adults to just over look.


 


Thank you again and have a great weekend,


 


Kathleen

Expert:  xavierjd replied 1 year ago.
Hi Kathleen,

The facts that you presented are very interesting. It is strange that the adults did not pursue collection of the judgment. HOWEVER, if he was incarcerated for a long period, it is doubtful that he has any property to attach or money to collect.

Best wishes. I will be interested to see how things turn out.

xavierjd

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