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I used to own a business in California, closed in august, I…

I used to own...

I used to own a business in California, closed in august, I had one judgement against my company, It was file in Missouri, the vender I dealt with is in los angles, my company used a dba, they didn't pay enough attention to ck the legal name in California, they served me not my S corp. I wasn't going to travel to Missouri to do this. the judgement now have been filed in los Angeles notice of entry of judgment on sister state judgment, I want to file a motion to vacate. I have other issues to bring up also. my question is when reading today to I have to file this motion to vacate in Missouri because the judgment in la has not gone through yes or can I do it now!

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

This was file in Missouri, they want to bring it to los angeles california

Lawyer's Assistant: Has anything been filed or reported?

Yes I have a summons in front of me, I just need to know if the motion to vacate would apply California, or I have to go back to missouri

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Answered in 2 minutes by:
1/15/2018
DamienJD
DamienJD, Attorney
Category: Business Law
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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You do not have to go back to Missouri. You can make a motion to vacate the sister state judgment in California.

Code of Civil Procedure section 1710.40(a) states that, “A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on the sister state judgment, including the ground that the amount of interest accrued on the sister state judgment and included in the judgment entered pursuant to this chapter is incorrect.”

The Law Revision Comment for section 1710.40(a) states that, “Common defenses to enforcement of a sister state judgment include the following: 1 the judgment is not final and unconditional . . . ; 2 the judgment was obtained by extrinsic fraud; 3 the judgment was rendered in excess of jurisdiction; 4 the judgment is not enforceable in the state of rendition; 5 the plaintiff is guilty of misconduct; 6 the judgment has already been paid; and 7 suit on the judgment is barred by the statute of limitations in the state where enforcement is sought”. Law Revision Com. com., 19A West’s Ann. Code Civ. Proc. (1982) foll. § 1710.40, p. 694.

See this great website for more information: http://www.legaldocspro.net/blog/motion-to-vacate-a-sister-state-judgment-in-california/

We can continue to discuss this if you want.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

DamienJD
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Here is a link for you that I found that can be very helpful

http://www.legaldocspro.net/blog/motion-to-vacate-a-sister-state-judgment-in-california/

If you need further assistance, just let me know.

Also, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Thank you for the rating. Best regards.

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Customer reply replied 7 months ago
great job, answered my main questions, thanks kelly

You are welcome!

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