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BizAttorney
BizAttorney, Attorney
Category: Legal
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Experience:  Over 12 years of business and legal experience.
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an Earnings with holding was put into effect from a court

Resolved Question:

an Earnings with holding was put into effect from a court Judgement that was entered 12/20/1999 on October 24th 2012. California Law says a Judgment SOL is 10 years... is this judgement enforcable?
Submitted: 1 year ago.
Category: Legal
Expert:  BizAttorney replied 1 year ago.

BizAttorney :

Good evening! I can help you out with your legal question tonight.

BizAttorney :

Judgments can be renewed so that they last more than 10 years. If the creditor renewed the judgment properly, then yes, the judgment is still enforceable.

BizAttorney :

Once a judgment has been renewed, it cannot be renewed again until at least 5 years later. But make sure it is renewed at least every 10 years or it will expire.


When the judgment is renewed, the interest that has accrued will be added to the principal amount owing. From that point on you are entitled to interest on the accrued interest.



  • For example, let’s say you have a judgment for $20,000 and after nearly 10 years the debtor has not paid you anything. The judgment accrues daily interest of $5.48 ($20,000 x 10% = $2,000; $2,000 ÷ 365 days gives you the daily interest). You seek to renew the judgment after about 9 years and 10 months, or exactly 3,605 days. The accrued interest is $19,755.40 (3,605 days x $5.48).

    Once that interest is added to the original judgment, a renewed judgment of $39,755.40 can be entered. The new daily interest will accrue at a rate of $10.89/day ($39,755.40 x 10% = $3,975.54 ÷ 365 days).

Customer:

well the judgment is aganst me for 18,000.00 How would I know it was renewed.. the Judgement letter and order says 1999

Customer:

I was no notified of a renewal of this debt. It has not been listed or is it listed on my credit report either

BizAttorney :

  1. Review Code of Civil Procedure sections 683.010 to 683.220.

  2. They must use the Application for and Renewal of Judgment (Form EJ-190) and Notice of Renewal of Judgment(Form EJ-195). The Notice of Renewal of Judgment must have been personally served on you or or served by first-class mail. Liens created at the time of the original judgment also must be renewed.

BizAttorney :

So if you want to contest the judgment, you can file a Motion to extinguish the judgment.

Customer:

how o I do that? is there a form? I was not notified of any renewal nor was my employer

BizAttorney :

Then you can bring the facts before a judge and let him/her determine if the process was followed correctly.

Customer:

do I respond to the levy Officer?

BizAttorney :

Let me see if I can find a form. If not, you'll have to go to a local attorney to represent you.

BizAttorney :

You can respond and say the judgment was not renewed and that you received no notice, but it isn't within the levy officer's jurisdiction to extinguish the judgment.

Customer:

Ok does the Statute of Limitations play any part in their decison?

BizAttorney :

Yes, it will play a huge part in the judge's decision. It is everything.

Customer:

well Humor me with this question: why would a court even send out a wage order that is 13 years old?

BizAttorney :

Check the court records to find out if a judgment has been renewed. If your creditor has renewed the judgment he will do so at the court where the judgment was first issued. Visit the court and give the court clerk information about the case such as your name, name of the creditor and the date when the judgment was issued. The clerk will provide you with any records and new information concerning the judgment.


BizAttorney :

They wouldn't unless it was renewed or just missed the date and made a mistake.

Customer:

Ok I will do that.. they should have copies of signaturs of Certified letters to either me or my employer to back up the renewal shouldnt they?

Customer:

and how long do they have to renew after the initial Judgment? 10 Years?

BizAttorney :

Yes, they will. Yes, it goes another 10 years.

Customer:

Ok well my first point of action is the court.... and its best to go to the court and not call correct?

BizAttorney :

It is up to you, but usually it is better to be there in person yes.

Customer:

Ok thank you very much

BizAttorney :

You are very welcome! Have a good night and good luck! Please accept so that I can continue to help others.

Customer:

where is accept?

BizAttorney :

There should be a green accept button that you can click to accept.

Customer:

I see a submit button but not an accept button

BizAttorney :

Try clicking that. Is there a place you can rate my answer?

Customer:

yes sir thats the submit button it is green

BizAttorney :

I believe that is it then.

Customer:

Happy ThanksGiving to you Sir

Customer:

Good Night

BizAttorney :

Thank you and to you as well!

BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience: Over 12 years of business and legal experience.
BizAttorney and 2 other Legal Specialists are ready to help you

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