I received help before regarding this.. and I wanted to followup with my situation. I have found some CA laws.. there is a 2 year limit as to vacating the judgement after it has been filed. It is past 2 laws now.. The CA has informed me that they will not fight if I try and vacate it. What are my options??? Can I still go for this? Can anyone help? Breeze, thanks for the info you sent me before.. now I know what to do, but am I still able to do this? Thnks in advance.. BTW - this is a satisfied judgement appearing on only 1 CR. I tried disputing as 'expired'.. if that comes back, I will dispute using LKH's reasons and hope it comes off and keep doing so..
Ender, Can you direct me to some information regarding vacating a judgement (do u have any links?) i have a satisfied judgement that was verified back in 2000, and I guess I'll try to dispute again, but if it doesn't work...I need direction! It was filed 9/97 and I'm in Calif.
It depends on your local jurisdiction. If you can locate the statutes covering judgments and SOL's it should spell out any possible conditions for vacating the judgment after the time limit has passed like you weren't aware of it, you were incapacitated, it's ruining your life maybe. Once you can locate the exceptions, you can claim just about anything you want in your motion to vacate. Since the CA won't fight, you should be able to get a default judgment. Remember, there aren't any absolutes in the law. The SOL may be two years, but there will have been cases where it was exceeded.
monij2000 - I am in the same position as you.. hopefully we can get some advise from this thread. Wolverine - where can I look up these statutes? Any where online? Iam willing to fill out forms and file it.. as well as submit an order and such.. but need to know the process and where I can the actual laws to cite. Any advice? I am in California btw.. The judgement was in northern CA as well. Thanks..
VA has the same 2 year limit, however, if they sign the petition to vacate, or if you weren't served, didn't know about the judgment, it can still be vacated here. My judgment was filed in 95, vacated in 2001. They signed mine (I had settled it before the court date). Did you send them a copy and ask them to sign it? All they can do is say "no." It's worth a try.
