I have a judgment since 1999 a collection agency renewed it, is this legal ?

[sergiofreitas41]

I have a judgment since 1999 from a financial company in california, they repo’ed my car and sold It (I don’t know the amount of the sale), they filed a sue against me and sent the notification paperwork to an address I wasn’t living, I didn’t know about until I’ve found out a couple of years later when I joined the army back in September 10, 2001. They took money from my bank account twice for the amount of more than 2,000 dollars, and the debt was for 2,720 dollars, they renewed this judgment and they are charging me accrued interests and I have never knew nothing about notifications of new hearings because I changed my address from being transferred from military base to another and also I was serving in the military abroad, can somebody help me and tell me what I have to do to defend myself in this issue, thank you very much.

[unusualsuspect]

A judgment in CA can be renewed one time for an additional 10 years.

Since you are in the military, I'd ask the court that the judgment interest rate be lowered to the 6.00% per the SSRA. You may get the accrued interest reversed since you would qualify since the date you joined.

If your base has a legal clinic, I'd start by visiting them.

[jjgross]

A judgment in CA can be renewed one time for an additional 10 years.

Since you are in the military, I'd ask the court that the judgment interest rate be lowered to the 6.00% per the SSRA. You may get the accrued interest reversed since you would qualify since the date you joined.

If your base has a legal clinic, I'd start by visiting them.Also try to find out what it sold for.More or less than what you owed?:)

[newryman]

Make sure they provide proof that

1 They do actually own it
2 They are legally entitled to collect on it

[flacorps]

Get a bank account out of say, Delaware (Delaware-only bank). Presents a practical barrier to that judgmentholder getting into your bank accounts.

[unusualsuspect]

Get a bank account out of say, Delaware (Delaware-only bank). Presents a practical barrier to that judgmentholder getting into your bank accounts.


Yes. Avoid the large national banks if you can. Stick to a bank located in a different state.

The judgment holder will have to get that judgment domesticated and that can take a lot of time... in the mean time, you use the SSRA and attack the accrued interest.

I just noticed one more thing... OP states they were served at a location they never lived at. I'd file a motion to quash the original service since they are attempting to renew. Include copies of your military papers from the time of the original "service". You might get this thing thrown out all together, get your money back and this would be out of statute - meaning they have to start all over again... and you have a very strong defense.

[newryman]

Paypal is a much maligned institution - just sayin' :p