Newark, CA asked in Civil Litigation and Collections for California

Q: I am looking for legal help in dealing with a defendant from which I collected a judgement a few years ago.

The defendant is harassing me to file an EJ-100 (in Alameda, CA) which she was not entitled to as she still owed about $1000. I decided to file the EJ-100 (but did not notarize the form) is it wasn't worth trying to collect the debt. Do I need a notarized version? She is demanding that I also file title documents to release liens I placed on a couple of her houses.

She recently filed and won a motion to compel release of the lien which I think was unneeded as I had already filed the EJ-100. She also was awarded $1000 in expenses. The problem was that I didn't properly file opposition to the motion.

I would like to do three things:

1) File another motion to cancel the first as it is flawed.

2) Make sure that any necessary paperwork to release the judgement that I need to sign is done.

3) As this defendant's communication is becoming harassing in nature, I'd like to take legal steps to prevent her from contacting me or filing frivolous litigation.

What should I do?

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1 Lawyer Answer
Joseph Franklin Klatt
Joseph Franklin Klatt
  • La Jolla, CA
  • Licensed in California

A: On number one, the ship has probably sailed on that. you don't generally get do overs in Court. If you do it wrong the first time, you have to live with the consequences. An appeal can be possible, but only if the Court erred, not if you did. As for the rest, follow the Court order. I can't tell you how to release your liens because I'm not sure what sort of lien you have, and how you have given notice to the world of those liens. Finally, on number three, the litigation doesn't seem frivolous if the Court awarded her $1000 in costs and fees. Solve the judgment problem and that will likely solve the problem of having to interact with this person.

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