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Expired abstract of judgment...

Posted by Ward-CA- on August 01, 2003 at 11:30 AM

In Reply to: Abstract of Judgement posted by tina on July 31, 2003 at 7:27 PM

: There was an abstract of judgement placed on my home at time of purchase in the early 90's due to an accident that my husband was involved in the year of 1988. For the amount of $3000, at the intrest rate of 10% each year. Being that its 2003, can I go to the attorney and offer him the amount that was originally asked for, or do we have to pay the full amount? Also is there any way of making a lesser offer than the full amount?

: Thank You.

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Tina,

In CA judgments are good for only 10 years unless the judgment creditor renews it before the 10th year rolls by. You don't mention what year the judgment was recorded as an AJ (abstract of judgment), but if it was recorded over 10 years ago, and it hasn't been renewed with a new AJ, then it's not legally enforceable any more.

However, some title companies will want you to get a Satisfacton of Judgment from the judgment creditor, in spite of the fact the AJ is no longer enforceable! So you might have to offer the judgment creditor a token amount of money for a recordable satisfaction of judgment, if that occurs.

What I'd do is contact a title officer at my title company and get her opinion about the situation.

Hope this helps


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