How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37952
Experience:  Retired (mostly)
10097515
Type Your Legal Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I have a judgement that was originally filed in December of

Customer Question

I have a judgement that was originally filed in December of 2009 for 27,[email protected]%. Since that time she has been paying 200.00 per mo. For the past three years.
She owns a coffee shop in Modesto ca. I want to know if I can refine the judgement now since it will expire this year or is there anything else I can do.
Linda Cianfrani
Submitted: 11 months ago.
Category: Legal
Expert:  socrateaser replied 11 months ago.

Hello,

Do you mean, "revive" the judgment? If not, then please clarify what you're trying to accomplish. Thanks!

Customer: replied 11 months ago.
I mean refile the jugement
Expert:  socrateaser replied 11 months ago.

Okay thanks.

You can "renew" the judgment by filing a Judicial Council Form EJ-190 with the Superior Court in which the original judgment was entered into the court register. Additionally, JC Form EJ-195 must be served on the debtor by first class mail or personal delivery, and a proof of service (e.g., POS-040) must be filed with the court.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Customer: replied 11 months ago.
I meant refile judgement
Expert:  socrateaser replied 11 months ago.

The term, "refile" has no legal meaning -- or maybe I don't clearly understand your question. If you're trying to modify the original judgment, and replace it with a new judgment, then the answer is unequivocally, "no." You cannot "refile" the judgment, because modification of a final judgment is legally impossible, once the time to appeal or vacate judgment has passed (and 10 years is far too long to file a motion to vacate judgment). All you can do is "renew" the judgment as it currently exists for an additional 10 years.

If that's not what you're trying to accomplish, then please feel free to clarify your intent, so that I can provide you with an appropriate response.

Thanks again for using Justanswer!

Customer: replied 11 months ago.
Ok so the original judgement is good for 10 years or 7 in ca? I don't want to modify it I just don't want it to expire before I get paid off.
Expert:  socrateaser replied 11 months ago.

It's good for 10 years. If you follow my previous instructions before the 10 year expiration date passes, then the judgment will remain enforceable for an additional 10 years.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Related Legal Questions