Legal Question in Civil Litigation in California
help with civil litigation - San Diego
Need help with a civil litigation. I'm the Defendant in a case wherein the Plaintiff (in Pro Per) has a judgment that they are trying to collect from me. I cannot afford to pay it. We agreed on a payment plan, which I routinely mailed. Unfortunately, the Judge denied my request for court-ordered repayment amounts. Seems now the Plaintiff is no longer happy with the repayment plan.
The Plaintiff mailed to me a document, Post-Judment Interrogatories, with a proof of service by mail attached.
The document states, ''Pursuant to Code of Civil Procedure sections 708.010 & 2030, you are required to give written response within 30 days.'' 1. State the name, address and telephone number of your current employer.''
It's clear why the information is being requested. My question is what are the repercussionsof me NOT responding to this mailing? I don't see that this document has been filed (as of yet) with the court, or signed by a Judge?
Thank you,
4 Answers from Attorneys
Re: help with civil litigation - San Diego
If you don't answer the questions, the judgment creditor can file a motion to compel to obtain a court order requiring yo to answer the questions. The court can order you to pay a fine for failing to answer the questions. The judgment creditor can also obtain a court order for you to appear at the court and answer the questions in person.
If you are having other debt problems or want to consider bankruptcy, please contact me office. I am located in El Cajon.
Re: help with civil litigation - San Diego
Your best option herein would be to retain an attorney for direct assistance in handling this very important legal matter. As you correctly state, the plaintiff is requesting information needed to enforce his post judgment remedies against you, i.e. wage assignment, bank account levy, lien on real property, etc..
You need to let an attorney know what type of judgment this was and what the amount awarded was, i.e. small claims, superior court, etc..Then the attorney can better direct or assist you with a sound legal strategy thereafter. As far as your failure to comply to the post judgement request served upon you, it is in your best interest NOT to ignore this. Meaning, if the court compels your cooperation and you fail to do so, then you can be cited for contempt of court and could suffer severe penalties consequently. If you would like further, affordable assistance in this matter, contact us directly asap.
Re: help with civil litigation - San Diego
These are called Interrogatories. They do not get filed with the court, nor must they be signed by a judge. Nevertheless, your responses are due to them within 30 days of service (35 if they were served by mail). The consequences of failing to respond can be severe, depending upon how aggressive your creditor wants to become. If this is a Small Claims judgment, the risk of sanctions is somewhat low. If this judgment arises from Superior Court, the creditor can file a motion to compel your responses, and at that hearing, provided that the creditor follows certain procedures, the court can order you to pay your creditor's costs and/or attorneys' fees incurred in making the motion.
Depending upon the size of the judgment, you may want to seek out immediate help from an attorney familiar with creditors' rights. We are attorneys whose practice emphasizes debt collection and creditors' rights. If/when you are ready to proceed, please feel free to call or email.
Re: help with civil litigation - San Diego
Call me to discuss options 16192223504.
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