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Originally Posted by GoldenCrab
1. I am and was in California. I was gone since Oct 2003 to Nov 2007 (now) and I made a brief month trip last year in Jan-Feb 2007
Does the judgment lien not preclude wage garnishment or bank levy? Can someone get served in the mail or does it have to be in person? I do not have any track of the mail that could have come in the past 4 years that i was away.
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It appears you were gone at the time of default, and at the time of the default judgment. State law would dictate proper service. Usually it is in person, then by mail or public notice in local paper may be allowed. You need to get the complete file from the court house and determine how they claim they served you. As I mentioned above this may only be a temporary fix if you are able to get it vacated.
SOL for California appears to be 4 years for the account and 10 years for a judgment from what I see. Maybe someone here from CA will have a more definite answer. Depending on when the account defaulted, you may not be able to use SOL as a defense. At that point, if this is not vacated or they sue again, you will have to come up with another defense or counterclaims to offset the damage.
If the judgment stands or they sue again and win, they will probably have several ways to try and collect. They can go after bank accounts and or wages if they get a writ of garnishment from the court, if that is allowed in Cali. I'll see if I can find an answer to that.
Quote:
Originally Posted by GoldenCrab
2. What implications does passing the SOL have on this account? Do you mean I would not have to do anything about it now and it will still go off record anyway after the SOL is passed? Now, I'm confused as to whether I should approach them with this settlement offer and talk to them about the payment or not and what implications that will have on the CR. It says the 16th of Dec is the date by which he should receive the payment (and I do plan to send a money order or a banker's check like you said; though I have a bank account - thanks for clarifying that). Do you think I will be able to call him, get an agreement written and send the money all before then? It's weekend now and no one is picking up.
Does the SOL extend if I make a payment or offer in the state of California?
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From the info here, my best guess is that you are not past the 4 year SOL. SOL does not always stop them from other collection activities, but it gives you a defense if they try to sue you. You would answer the suit and appear in court to present the defense if it is availble. Otherwise they would get a default judgment if you fail to appear.
Not sure what will reset or toll SOL in Cali, but I will try to find that also. If you absence from the state stopped the SOL clock, you have a long way to go. You may want to contact a local attorney to get the best answer and options to some of these questions.