Costa Mesa, CA asked in Bankruptcy, Collections and Landlord - Tenant for California

Q: In California, does a Judgement continue to accrue interest after the 10 years time limitation?

In this case, 10 years have passed, there is no renewal, no attempt to collect or attempt to pay by any party. Does the interest continue beyond the 10-year time a judgement is valid? Is it possible to negotiate a settlement agreement to pay the original amount owed without the interest added and have the Judgement removed from record? The judgement was Stipulated and is from a unlawful detainer civil case.

6 Lawyer Answers
Tristan Brown
PREMIUM
Tristan Brown
Answered
  • Bankruptcy Lawyer
  • San Diego, CA
  • Licensed in California

A: There is a possibility that a judgment creditor will negotiate a settlement for less than the debt amount owed; however, this is never guaranteed. A settlement agreement largely depends upon your circumstances (i.e., negotiation, the creditor, the debt amount, collection history, etc.).

Please be sure to speak to a licensed California attorney regarding your matter.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: If the statute of limitations is 10 years in CA and has expired after not being renewed, the judgment itself should also be void. Consult a licensed CA attorney who regularly handles collections to help you.

Harlene Miller agrees with this answer

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald
Answered
  • Bankruptcy Lawyer
  • Santa Ana, CA
  • Licensed in California

A: If the judgment has not been timely renewed, it is no longer valid and you owe nothing. I would not offer or pay anything on it.

Peter Maurice Lively agrees with this answer

Joel Gary Selik
Joel Gary Selik
Answered
  • Collections Lawyer
  • Las Vegas, NV
  • Licensed in California

A: If the judgment is not renewed prior to expiration, it may not be enforced.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: You should sit down with an attorney who handles collection matters and confirm what your obligation, if any, survives the 10 years if they do not re-new. You have a lot of good answers below but more information may be needed to be 100% sure.

Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: The responses from my colleagues have covered all the issues. Urge you to contact an attorney for a more detail discussion and analysis of your issues.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.