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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 34777
Experience:  Attorney with 16 years experience
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1. A collection company served me by mail. On the AT-138, EF-125

Customer Question

1. A collection company served me by mail. On the AT-138, EF-125 I am listed as the plaintiff and my ex is listed as the defendant (which is incorrect). Do I have grounds to have it dismissed because of this significant error?
2. It is for a judgement for $9k that is 9 years old. My ex and I made a verbal agreement that she would not enforce the judgement and let it surpass statute of limitations if I would relinquish my right to child support. I don't have a written agreement but have an email chain that eludes to it.
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Are you saying that you had a judgment entered against you for $9K in favor of your wife and she has now sold it or hired a collection company to enforce it against you?
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And do you mean EJ-125 Application and Order for Appearance and Examination?
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Do you know if the collection agency actually owns the judgment now?
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thanks
Barrister
Customer: replied 1 year ago.
I am listed as petitioner/plaintiff on all documents....but also as the debtor. The subp-002.
The are called California Judicial Recovery specialists and I don't know if they own it but they are the assignee according to these signed documents.
As a plaintiff, can I file a motion to dismiss?
Expert:  Barrister replied 1 year ago.
Ok, as "assignee" that means that the plaintiff has assigned their rights to collect the judgment to the collection agency. This normally happens when the plaintiff sells the judgment to them.
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With that said, if the forms have listed the parties incorrectly, although this is clearly just a clerical error, it would give you grounds to file a motion to dismiss based on the fact that you are not the plaintiff in the case.
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However, this wouldn't prevent them from simply re-filing the paperwork correctly and then pursuing this. But if they don't refile before the judgment is ten years old, it would be beyond the statute of limitations for collection.
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thanks
Barrister

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