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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37821
Experience:  Retired (mostly)
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The opposing counsel obtained a judgement against me in California

Customer Question

The opposing counsel obtained a judgement against me in California superior court. he did this after I was in Bankruptcy and had noticed the superior court of the automatic stay this judgement was for sanctions
He then motioned the bankruptcy court to be allowed to record the superior court judgement perfect the lien and start collecting the bankruptcy court ruled he had a right to violated the stay under re: Berg
but re: Berg did not allow him to perfect the lien he then went ahead
and recorded the superior court judgement which was against me as well
as other defendants and on the abstract of judgement he only listed two defendants who were not in bankruptcy,again my question is was this recording a perfection of the lien against me? Thanks
Submitted: 3 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If the plaintiff recorded an abstract of judgment without your name, he perfected the lien against the other defendants in the case, since the abstract of judgment does not impact you as the judgment against you was extinguished in bankruptcy. The judgment itself should have been corrected by the court once you proved to the superior court that the judgment against you was extinguished by bankruptcy and you need to file a motion to correct the judgment in the superior court to have your name removed from the court judgment. However, the abstract filed only perfects or files the lien against those mentioned in the abstract.

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Customer: replied 3 years ago.

I want to narrowly focus on the part of my question regarding his

recording of the state court judgement with my name on it and the corresponding abstract of judgement which does not include me

If an abstract of judgement is summary of the concrete judgement

it seems to be defective on its face, or if the abstract of judgement is

controlling then should'nt the court judgement or concrete judgement

be reissued without my name on it

Customer: replied 3 years ago.
Relist: Incomplete answer.
The expert does not seem to know the answer to my question or he misunderstood it
Expert:  socrateaser replied 3 years ago.

(intentionally deleted to protect the author's intellectual property rights)

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