diamonddan73 Posted October 18, 2010 Report Share Posted October 18, 2010 So my Wife has a defult Judgment from a CA attorney for Crap1. The Judgemet was from Feb-Mar of 2010. It states that she was personally served or mailed. Neither is true. If I go in and vacate the Judgment based on lack of service, will the SOL start from the last payment of the CC from mid 2007. I'm not sure when it was, I think I need to send a DV to OC to find the last payment. The SOL for Cal is 4 years. If the CA does not get a new judgement before mid 2011 the SOL will expire and will she be judgement proof? My question is should I go in ASAP and vacate the judgement or wait until early 2011 and vacate so she is closer to the SOL expiration? Link to comment Share on other sites More sharing options...
Chapel Hill Posted October 18, 2010 Report Share Posted October 18, 2010 I don't think anyone who hasn't tried a dozen or more of these cases to verdict knows enough about the statutes to give really good advice without looking at your documents. That said, I would never let a judgment obtained based on extrinsinct fraud stand one day more than it took me to file the motion to vacate. Link to comment Share on other sites More sharing options...
BV80 Posted October 18, 2010 Report Share Posted October 18, 2010 You need to check your state laws on SOL and tolling. If the case is vacated, it could be you wouldn't lose any of the time the case was pending.If the CA does not get a new judgement before mid 2011 the SOL will expire and will she be judgement proof?No...they can still sue. If you don't answer the complaint, they could get a default judgment. If they were to sue after the SOL has expired, the SOL would be your defense.Judgment proof means there's no way for them to collect on a judgment because of state exemptions (equity in your home, no wages to garnish, etc.). Link to comment Share on other sites More sharing options...
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