Legal Question in Appeals and Writs in California

Re: Can you buy a Judgment?

Why �buy� the judgment against you rather than simply settle with the judgment creditor? You say the judgment against you is �stayed.� But, you don�t say what the basis of the stay is. Is it stayed because you (or another losing party in the case) filed an appeal? If so, there are procedures for settling the case on appeal, and there would ordinarily be no need for buying the judgment. Then again, perhaps, the judgment is stayed because of a bankruptcy filing which made the judgment against you the property of the bankruptcy estate? Is that why you say a �trustee� is involved in selling the judgment? I am not a bankruptcy lawyer and not versed in bankruptcy law (if this is a bankruptcy matter, consult with a bankruptcy lawyer), but I understand that certain bankruptcy procedures provide for the selling and buying of a bankrupt�s property including the claims and rights and causes in action that are assets of the bankruptcy estate. Especially,if you are the bankruptcy debtor, buying the stayed judgment against you out of bankruptcy might mean that all you�re purchasing is the right to proceed with prosecuting the appeal. Is that what you are trying to do? If so, as said, I suggest you consult with a bankruptcy attorney.

Re: Can you buy a Judgment?

Buying your own judgment would amount to settling the case, but would involve unnecessary additional work. If you want to give the judgment creditor money to make them go away, a traditional settlement would make a lot more sense.

Re: Can you buy a Judgment?

Sure, simply by negotiating a pay-off and getting a full satisfaction of judgment. Tough luck if there is a 'bidding war'.