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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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VACATE renewal of judgement: Is there a form I can fill out

Customer Question

VACATE renewal of judgement:
Is there a form I can fill out to vacate or modify a civil judgment against me? The plaintiff is renewing the judgement after 10 years. Per the paper I just received in mail I have 30 days to respond but it looks like that 30 days is up tomorrow, june 25th, as its a mailed date per the paperwork.
I am currently paying restitution which the plaintiff is included so I think a vacate of judgement is in order here as every 10 years they are double the amount which would never be paid off should I pay off the high restitution.
Im in california.
Thank you.
Submitted: 5 months ago.
Category: Legal
Expert:  CalAttorney2 replied 5 months ago.

Dear Customer,

The motion that you would make is a "Motion to Vacate Judgment" and it would be made on the fact that the judgment creditor failed to make their motion to renew within the statutory 10 year period. (The companion restitution order is immaterial).

While there is no form that I can provide you for this, I would suggest that you look at this "Motion to Vacate Default Judgment" as it would give you a good idea of the same type of pleading paper that you will be filing (both of these are very simple matters and you are simply telling the court that the creditor missed the 10 year period).

See: https://saclaw.org/wp-content/uploads/sbs-relief-from-default-judgment.pdf

Customer: replied 5 months ago.

It is in the time frame. It was originally placed in june 2006 and its 2016.

the renewal was sent to my parents home probably due to that is on my drivers license. My 30 days is up tomorrow to respond per the letter I just received.

Theres no form to fill out to submit these paper to the courts? I cant imagine I can just show up to a court room and have them hear my case.

I currently am paying restitution in which the plaintiffs are parties of.

What do i do?

Expert:  CalAttorney2 replied 5 months ago.

The renewal must be filed with the court (so the date that the petition is stamped) within 10 years of the date of the entry of judgment.

So, if the judgment was entered on June 5, 2006, the renewal must be file stamped no later than June 5, 2016. (Court holidays and weekends excluded).

Your failure to update your address with the court is not at issue (the judgment creditor is not required to go through the same steps of personally serving you as they did with the original summons and complaint), if they served you at your "last known address" - such as your parents where your driver's license is listed, the court is probably going to accept this as sufficient.

If you want to object to it though, I would recommend that you draft up the objection (such as the one I provided to you, but modified to actually match an "motion to vacate renewal" instead of "motion to vacate default" and file that with the court tomorrow.

Customer: replied 5 months ago.

I am looking at the link you provided me. I want to draft up the objection and yes i want to "vacate the renewal".

Is there a form to fill out? And steps i need to provide with it? There has to be something. I cant just write a letter and take it to the clerks office.

Thank you for the assistance

Expert:  CalAttorney2 replied 5 months ago.

No, it isn't a letter, you need to draft an opposition. Use the "template" at the bottom of the PDF to guide you, the Sacramento Law Library has pleading paper you can use (unfortunately I cannot send the link, it does not come through properly, but you can find it easily if you do an internet search for "Sacramento Law Library Pleading Paper")