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Tolling of statute of limitations in CA
, yes I have a

Customer Question
Customer: tolling of statute of...
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?
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Personal Injury Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: yes
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Customer: I want to know if you are qualified to answer CA law question re judgment debt though before I pay?
Submitted: 1 year ago.Category: Personal Injury Law
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Customer reply replied 1 year 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
Answered in 1 hour by:
1/5/2016
Personal Injury Lawyer: Gerald, Esq, Lawyer replied 1 year ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Personal Injury Law
Satisfied Customers: 4,312
Experience: 30 years of experience
Verified

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.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

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.

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Gerald, Esq
Gerald, Esq
Gerald, Esq, Lawyer
Category: Personal Injury Law
Satisfied Customers: 4,312
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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).

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