VACATING JUDGEMENT FROM DIFFERENT COUNTY

[ADSOFT]

I've been informed that you can have a judgement vacated if you where sued in a different county than from the original county in which the contract was signed or in a different county from which you reside.

I have a judgement that they could not validate the orignal contract, and got sued in a county in which I didn't live at at

the time.

For you lawyers or lawyer types out there how would I vacate the

judgement and on what grounds.

[calawyer]

Just a gentle reminder to everyone. If you want help on court procedures in your home state, you have to tell us what state you live in.

[ADSOFT]

The state that I was sued in was California, Los Angeles county and I resided in Orange County

[LadynRed]

Calawyer, this one's right up your alley. Unfortunatley, the judgment was rendered against the OP SIX YEARS AGO !!

[breathing_easier]

Adsoft: I was able to find out that the statute of limitations for enforcing a judgment in California is 10 years [per Calif. Code of Civil Procedure Sec. 683.020 (2003)].

Here is what I found as to your question about having the suit brought in the same county where the contract was signed:

Cal Civ Code § 1812.10

DEERING'S CALIFORNIA CODES ANNOTATED

Copyright © 2003 by Matthew Bender & Company, Inc.

a member of the LexisNexis Group.

All rights reserved.

*** THIS SECTION IS CURRENT THROUGH THE 2003 SUPPLEMENT ***

(2001-2002 SESSION)

CIVIL CODE

DIVISION 3. Obligations

PART 4. Obligations Arising from Particular Transactions

TITLE 2. Credit Sales

CHAPTER 1. Retail Installment Sales

ARTICLE 12.3. Actions

GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION

Cal Civ Code § 1812.10 (2003)

§ 1812.10. Jurisdiction and venue

(a) An action on a contract or installment account under this chapter shall be tried in the superior court in the county where the contract was in fact signed by the buyer, where the buyer resided at the time the contract was entered into, where the buyer resides at the commencement of the action, or where the goods purchased pursuant to the contract have been so affixed to real property as to become a part of that real property.

( In the superior court designated as the proper court in subdivision (a), the proper court location for trial of an action under this chapter is the location where the court tries that type of action that is nearest or most accessible to where the contract was in fact signed by the buyer, where the buyer resided at the time the contract was entered into, where the buyer resides at the commencement of the action, or where the goods purchased pursuant to the contract have been so affixed to real property as to become a part of that real property . Otherwise, any location of the superior court designated as the proper court in subdivision (a) is the proper court location for the trial of the action. The court may specify by local rule the nearest or most accessible court location where the court tries that type of case.

© In any action subject to this section, concurrently with the filing of the complaint, the plaintiff shall file an affidavit stating facts showing that the action has been commenced in a superior court and court location described in this section as a proper place for the trial of the action. Those facts may be stated in a verified complaint and shall not be stated on information or belief. When that affidavit is filed with the complaint, a copy thereof shall be served with the summons. If a plaintiff fails to file the affidavit or state facts in a verified complaint required by this section, no further proceedings may occur, but the court shall, upon its own motion or upon motion of any party, dismiss the action without prejudice. The court may, on terms that are just, permit the affidavit to be filed subsequent to the filing of the complaint and a copy of the affidavit shall be served on the defendant. The time to answer or otherwise plead shall date from that service.

[calawyer]

Adsoft, see the other thread.