I have a Civil Judgement, from a Condo HOA, that was filed in early 2011 in Superior Court in Southern California. It was a result of a non-judicial foreclosure that was not able to satisfy payoff of past HOA dues and assessments. Outstanding HOA dues were the result of extreme financial hardship.
Today, I am in a better position to negotiate a settlement arrangement but still with limited resources. Now, the creditor (the HOA and their attorney) is asking the court for a Judgment Debtor Examination hearing. At this point, I believe it is better to settle outside of court with the creditor rather than go through the court hearing.
So my questions are as follows:
* Can the Civil Judgement be "dropped" or "removed"?
* Is it advisable to negotiate a settlement by myself or with cost effective counsel?
* Are there reasonable resources/options available to negotiate a settlement?
* Is is advisable to negotiate an agreed settlement amount with monthly
* Can a contract be drawn-up that is mutually agreeable by both parties
that is acceptable by the court?
* What would that contract look like to be acceptable?
* What would be the process/strategy to get the Judgement Debtor Examination
Thank you for professional assistance in this matter.
2 Answers from Attorneys
Judgments can ge settled and many times payments can be made if both sides agree to them and to the amount of each payment, etc. A settlement agreement will be prepared if the case is settled. When payment is made in full pursuant to the Judgment amount plus all post-judgment costs, attorneys' fees and interest or a settlement, the plaintiff will file a Notice of Satisfaction of Judgment. Call an attorney to help settle and maybe your attorney can convince them not to go forward with the debtor's exam. If not, you will need to appear and answer questions about your income, assets, job, etc. and if you were ordered to bring documents (bank accounts, etc.), you will need to bring them.
I would suggest entering into a settlement to resolve this. It might be possible to get the plaintiff to agree to vacate the judgment as part of the settlement. You should try to hire someone experienced to do this before the judgment debtor examination.
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