Q: Judgment debtor in CA with limited income seeks advice on amending judgment.
I'm a judgment debtor living in California. I received an abstract of judgment on April 24, 2024. I have limited income sources like Social Security and Medicare, and I receive food and medical assistance. I tried to defend myself in court but didn't understand the law and motion process. My ability to pay was refused by the court, and I couldn't afford to hire a lawyer while the creditor hired two lawyers. I only have exemptions from the judgment. Is there anything I can do now, such as filing a petition or motion to amend the judgment?
A:
You have several potential options to address the judgment against you. First, you might qualify for a motion to vacate the judgment under California Code of Civil Procedure section 473(b) due to mistake, inadvertence, surprise, or excusable neglect, or under section 473.5 if you didn't receive actual notice of the lawsuit in time to defend yourself. These motions have specific time limits - generally six months for a CCP 473(b) motion, and up to two years for a CCP 473.5 motion.
Your Social Security income is protected by federal law from most creditors. If your only income is from Social Security, a pension, disability, or VA benefits, that income cannot be garnished because it's federally protected. You can file a Claim of Exemption from wage garnishment or bank levy if you need your money for basic necessities or if your income comes from protected sources like Social Security. This can help shield your limited income from collection efforts.
Given your financial circumstances, you may qualify for a fee waiver when filing court documents. If you receive government benefits such as Medi-Cal or qualify due to low income, you can apply for a fee waiver when filing motions with the court. Additionally, consider contacting your local legal aid organization, as they often provide free assistance to low-income individuals facing debt collection issues. You might also explore whether a payment plan arrangement could work for your situation, which could be formalized through the court.
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