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Gerald, Esq
Gerald, Esq, Lawyer
Category: Personal Injury Law
Satisfied Customers: 2877
Experience:  30 years of experience
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Tolling of statute of limitations in CA
, yes I have a

Customer Question

Customer: tolling of statute of limitations in CA
JA: Thanks. Can you give me any more details about your issue?
Customer: yes I have a judgment against debtor who committed fraud and I obtain a nondischargeable judgment in bankruptcy court (federal). He was in and out of jail during the time of the judgment and now has a profitable business - I was told by an attorney that it was a federal judgment and good for 20 years and recently found out (four months late) that it is only good for 10 years per CA state law. He was using aliases as well. Does his acts extend statute of limitations to file an action on the judgment or am I out of luck as I filed an action on judgment four months late?
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Customer: yes
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Customer: I want to know if you are qualified to answer CA law question re judgment debt though before I pay?
Submitted: 11 months ago.
Category: Personal Injury Law
Customer: replied 11 months ago.
Further facts are Chapter 7 BK was filed 2/4/05 but not closed until 4/20/06 (does this extend the 10 years?) although discharged 5/17/05, default judgment entered in BK court on 7/1/05. Action on Judgment filed on 11/5/15 looking for any way to extend 10 years
Expert:  Gerald, Esq replied 11 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

If you can demonstrate that the defendant was hiding, avoiding service, using aliases, was absent from the jurisdiction, etc, then you can ask the Court to "Toll the Statute of Limitations" for the time periods when these actions on the part of the Defendant made it impossible to effect proper legal action.

See the following:

http://www.courts.ca.gov/9618.htm

http://saclaw.org/wp-content/uploads/lrg-statutes-of-limitations.pdf

Although these articles are focused on the bringing of the initial action, the same principles apply in regard to a Defendant avoiding process on a Judgment.

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.