Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!


, a judgement just came on my credit report that is…

Customer Question
a judgement just...

a judgement just came on my credit report that is over 7 years old. I never received any paper work and dint know a judgement was filed against me until today. where should i start? I live in California

Lawyer's Assistant: OK got it. Last thing — JustAnswer charges a fee (generally around $36) to post your type of question to Legal Experts (you only pay if satisfied). There are a couple customers ahead of you. We can help you for less if you're not in a rush. Are you willing to wait a bit?

Surew

Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 hour by:
1/18/2016
Lawyer: Lucy, Esq., Attorney replied 2 years ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

In California, a judgment is good for 10 years from the date that it is issued, and it can be renewed. That also means a person who has a judgment against you is able to put it on your credit report. The way to get it removed is to seek to have the original judgment vacated.

In California, getting a judgment vacated requires that (a) You were never served with notice of the underlying lawsuit and (b) You have a valid defense to the payment, such as that the statute of limitations had run when it was filed or you did not owe the money in the first place. If you can establish both of those things, you have the ability to file a Motion to Vacate Default. In Small Claims Court, this needs to be filed within 180 days after you find the judgment. In the larger courts, you have more time, but it's not in your best interests to delay (especially if they're trying to collect a bogus judgment).

The first step is to visit the courthouse that issued the judgment and get copies of ALL documents filed in the case. You need to see exactly how much they're suing you for, why, when they filed, and how they claim to have served you with notice of the lawsuit. If you're not sure which courthouse has the case, it should be the county where you were living when it was filed. It might help to make a few phone calls before going in, and if that's not where you live now, see if they'll mail the documents to you (they usually will, for a small photocopying fee). Once you have that, you can prepare your Motion to Vacate. In Small Claims Court, there is a form you can use. If you're in the Superior Court, you can use the form to draft your own motion or hire a local attorney to help. The easiest way to know the difference is that Small Claims should be for less than $10,000, and Superior Court would be for any amount above that.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Lawyer

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
My bank received a judgement in the amount of $l,000
My bank received a judgement in the amount of $l,000 yesterday from Jefferson County who represents Fingerhut, a retailer. I have never ordered anything from them and reported this as a fraudulent cha… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,920 satisfied customers
I was recently sued for a debt that is over four years old
Hello I was recently sued for a debt that is over four years old from a car loan dealer in missouri. I moved to california over three years ago and haven't lived in missouri in over 4. The statue of l… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,553 satisfied customers
I had a judgment filed but the time limit expired for
I had a judgment filed but the time limit expired for collection and the judgment fell off. The debt is over 12 years old. Today I get a letter saying the debt was sold to yet another company and they… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,182 satisfied customers
I'm in Pennsylvania and I've received aWrit of Execution
Hi I'm in Pennsylvania and I've received aWrit of Execution notice for a 8+ year old credit card debt by mail. The original magistrate hearing was 7-30-08 the bank never filed the judgement with the A… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I just noticed a judgement on my credit report from a
I just noticed a judgement on my credit report from a previous landlord that is unwarranted and inaccurate. Landlord did not uphold his end of the lease and lease was never renewed. First year lease w… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,920 satisfied customers
so I've got a question. As of two days ago, I just found
so I've got a question. As of two days ago, I just found out that a client of mine from last year - that I over delivered on) took me to small claims court recently and won a judgement against me. But… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I have a judgement in my name that was issued to a citi bank
I have a judgement in my name that was issued to a citi bank cc in 2008 in California. The amount is now around 10k. I have been trying to pay this off with a lump sum for over 2 years, but the law fi… read more
socrateaser
socrateaser
1,031 satisfied customers
I just received a 1099 c from an old debt . They have a judgment
I just received a 1099 c from an old debt . They have a judgment against me. With this form can I get the judgement vacated and erased from my credit?… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Good after noon, I live in California and I have just been
Good after noon, I live in California and I have just been sued and a judgement was issued from a company called CACH LLC. This debt is over 7 years old and it was a voluntary repossession due to the … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,658 satisfied customers
There is a capious filed against me from a collection agency
There is a capious filed against me from a collection agency over a credit card debt that was from 1999. I have to be in court today. The collection agency took me to court apporximatly 6 or 7 years a… read more
Ellen
Ellen
Lawyer, Consultant
Doctoral Degree
8,238 satisfied customers
Hello Back in 2005 my car was repo. I was never given the
Hello Back in 2005 my car was repo. I was never given the chance to fight for my car or to get the car back either. The car was paid for up to date and the company drive time contacted me stating that… read more
C.Fortunato
C.Fortunato
J.D.
26 satisfied customers
we hired a lawyer over a year ago because my daughter(16 at
we hired a lawyer over a year ago because my daughter(16 at the time), now 17 wanted to come live with me, her father. well we hired a lawyer and the lawyer has done nothing. For the first 6 month, ch… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,228 satisfied customers
I live in Nevada. I was rear ended by a taxi cab in 2009.
I live in Nevada. I was rear ended by a taxi cab in 2009. Unfortunately for me I did not call the police because the taxi cab authority came and completed an accident report. The taxi company wanted t… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
back in 2000 i had to give up my vehicle as a repo. i was never
back in 2000 i had to give up my vehicle as a repo. i was never contacted to make payments and then come 2007 they served me papers and at the time i was willing to make payments but i was only making… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,228 satisfied customers
I have two collection accounts with one agency. One came around
I have two collection accounts with one agency. One came around April of 2009 for $4747.64 and I immediately started making payments of $150 of which I have been faithfully paying. Well anothe came in… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I have had a collection on my credit for over 7 years now and
I have had a collection on my credit for over 7 years now and just received a notice that it has been reassigned to another collections agency. Background info.....This is my exhusband's debt of an ol… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
A credit card collection agency has filed an Involuntary Lien
A credit card collection agency has filed an Involuntary Lien on Real Property (recorded with County clerk on 7-17-09) against my 40 year old mobile home. This is from a judgement entered on 8-19-08 a… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
I had a vehicle financed with ford motor credit in 1995 and ...
I had a vehicle financed with ford motor credit in 1995 and voluntarily gave it back in 98 due to being unable to make the payments. There was a judgement entered against my husband and I on 4.09.98 t… read more
ADillon
ADillon
286 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x