Judgment

[bleakhouse]

Hey folks,
I'm hoping that some of you may have some advice or comments here. I was sued in California for the second mortgage on one of the rental properties that I had. The collection agency won a default judgment in February 2010 and I was preparing to file 13. But I received a letter today saying the judgment had been vacated.

How could this have happened? Can another collection agency come after me? I do not live in California now, can the same collection agency or a different one come after me in the state that I currently reside?

Still scared.

[flyinbroke]

Did you file a 13?

[catleg]

I'm not sure why they vacated the judgment, since they are allowed to sue you in the county court where the transaction occurred, even if you live out of state. They would then simply have to domesticate the judgment to your current state.

They might be preparing to sue you in your home state. (Since it's much easier to fight an out of state default judgment in your home courts, especially if it involves California mortgage debt, I would imagine).

What state are you in now?

[bleakhouse]

Hey folks,
I haven't filed a 13 yet. I've spoken with a few lawyers to get advice and they're all leaning toward a 13. I don't qualify for a 7 and all of them keep reminding me that it's likely that the CA will keep pursuing me.

Catleg (love the pic btw): I bought the homes in a county where I did not live. So, would they have to sue me in that county? Once they get a valid judgment in California (based, I'm assuming, on my being properly served and perhaps being sued in the county where the properties are), then they would simply have to domesticate the judgment in in my current state (as you point out). I'm in Illinois now.

Thanks.

[bleakhouse]

Damn, I'm so scared right now. Even on a forum like this. I feel like some CA might be trolling the site trying to construct a case against folks like me who are trying to get advice.