California  |  Civil Litigation

Legal Question

Asked on: 6/07/13, 7:31 pm

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

installments?

* 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

hearing withdrawn?

Thank you for professional assistance in this matter.

GT

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