Legal Question in Credit and Debt Law in California

reversing judgment renewal

I am the Assignee of Record on a judgment that was awarded on feb. 24,1992 against 2 individuals in San Jose, Ca. For several years now, I've attempted to satisfy this judgment by locating and attaching a few assets of debtor #1 (who is residing out of state). Debtor #2 has been able to hide his assets until very resently & I sent in a Writ of Execution for filing and as a courtsey, sent a final notice to debtor #2.

Since the judgmnent was near expiration, I initiated the process for the renewal of the Judgment by submitting the Application and Notice of Renewal of Judgment to the court clerk on Feb. 2.2002, however, due to the an error in the manner the names appeared on the fporms, the clerk requested an amended Application be remitted. finally after 3 1/2 weeks the proper paperwork was entered into the record and the Judgment Debtor was sent his notice on March 2, 2002.

Today, (April 22,2002) the debtors attorney has filed a motion to reverse the Renewal of Judgment claiming the debtor was not properly noticed and has received a may 21, 2002 hearing date.

Am I required to appear in person at this hearing or can a written declaration in opposition be submitted or a telephonic connection be acceptable?


Asked on 4/22/02, 10:27 pm

3 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: reversing judgment renewal

You will have to file a written opposition and appear if you want to represent yourself. I suggest you hire an attorney.

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Answered on 4/23/02, 6:27 pm
James Burns R. Zebulon Law & Associates

Re: reversing judgment renewal

You should seek the policy of the courthouse where this proceeding is scheduled. Every courthouse in every jurisdiction different policies so get it from the Horses Mouth.

Also, if you want to send a message like it does not mean that much to you - don't go in person even if this courthouse allows it. You'll be sending a message to the court that you are growing disinterested and if the debtor's attorney creates a good argument with no one there to counter it, then don't be surprised if it gets dismissed. In short, if it mattered enough to you to write about it on this website, then go there in person and appear or hire someone to do it for you if it is allowed.

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Answered on 4/22/02, 10:38 pm
Robert Mccoy Law Office Of Robert McCoy

Re: reversing judgment renewal

You do not have to appear, if you have someone appear for you (i.e. an attorney). This is probably the best solution, especially if you cannot appear, i.e. because you are out of state, etc. Most California State courts do not allow telephonic appearances (although this is common in Federal Courts)--If no one appears, you almost always lose, even if you file a response with the court. It sounds like you will probably win should you fight this--courts really do not like improper notice claims, especially when it will result in a defeat of the entire case.--This appears to be a bluff, and a very good one. Now you are in the position of having to decide whether to spend more resources chasing after this deadbeat or just give up. But if he has money to pay an attorney he probably has money to pay a judgment as well. Let me know if you would like me to appear for you or prepare a response.

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Answered on 4/23/02, 1:18 am


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