California Judgment Attorney
If you are a California consumer with a money judgment against you, you should know that:
Judgments Can Be Overturned
Judgments Can Be Settled For Less Than 100%
Judgments Can Be Resolved Without Filing Bankruptcy
Featured Case Results
- January 5, 2021: A renewal of Judgment against our client in the amount of $14,491.25 was deemed unenforceable as the 10 year expiration date had passed. The court ruled in favor of our client and the renewal was vacated! Saving our client 100%! (Midland Funding, LLC v. Client. Case #37-2009-000847XX-CL-CL-CTL – San Diego County)
- December 18, 2020: A Judgment against our client in the amount of $5,385.00 was settled for $2,500.00! Saving our client over 53%! (Gaia Finance, LLC, DBA Advance Financial v. Client. Case #MSL20-011XX – Contra Costa County)
- December 18, 2020: A Judgment against our client in the amount of $42,076.00 was settled for $19,000.00! Saving our client over 54%! (Asset Acceptance LLC v. Client. Case #56-2012-004213XX-CL-CL-VTA – Ventura County)
DISCLAIMER: Every case is different. Results depend on the unique law and facts of each case. Fitzgerald & Campbell, APLC makes no guarantees or warranties about the outcome of any particular matter or case. The Fitzgerald & Campbell, APLC website, or the information contained within the website, should be construed as ATTORNEY ADVERTISING.
There Are Only 3 Ways to Get Rid of a Judgment
- Motion to Set Aside (Vacate)
- Settle it (give them money in exchange for a Satisfaction of Judgment)
- File bankruptcy
Which Should You Do?
Timing is a big part of this decision – DO NOT DELAY!
Timing in attacking the judgment: The first thing we do is determine if the judgment is defective and can be overturned. Even if all you want to do is settle the judgment, you will get a far better settlement once the judgment is “set aside”. Depending on the facts of your case, you may only have 6 months or 2 years in which to file a Motion to vacate the judgment.
Timing in protecting your assets: If the judgment stands and cannot be overturned, the next analysis is: do you have anything that can be attacked? If so, we will advise you on how to best protect yourself from bank levies, wage garnishments, property liens and seizures.
Timing in making Claims of Exemption: The time periods to file a claim of exemption is very short. Failure to timely file your claim can forever bar you from going to the court and asking for relief from the garnishment or levy.
Motions to Vacate (or “set aside” a judgment)
A judgment entered against you without notice to you can be set aside. This requires a court order and a hearing in front of a judge. This is not a simple thing to do and really requires an experienced attorney who has done it before. At Fitzgerald & Campbell, APLC we have done thousands of these motions. We know what judges are looking for and most times our clients are not required to be in court. If the judgment is vacated, you now get to litigate the case and will have a far better chance of resolving the case to your satisfaction.
Claim of Exemption
A Claim of Exemption is your request for a court hearing so you can explain to the judge why a bank levy or wage garnishment should not be enforced against you or why the amounts should be reduced. Many times it is based upon your hardship or the fact that the amounts are exempt. Fitzgerald & Campbell, APLC can make this motion for you or assist you in doing it yourself.
Satisfaction of Judgment- Settlement
This is really just a fancy way of saying the judgment is paid. Judgments can be “satisfied” by paying less than the full amount, but you must have the judgment creditor’s agreement. When a judgment is paid in full or “satisfied”, there is a specific form that must be filed with the court in order for the unpaid judgment to no longer be on your record. Creditors are notorious for failing to do this. Fitzgerald & Campbell, APLC can get your judgment satisfied for less than 100% and will make the creditors file all necessary documentation to ensure the judgment is closed.
The successful completion of a bankruptcy filing will eliminate most judgments. Judgments for fraud and elder abuse are some of the exceptions. A bankruptcy filing will also place a “Stay” on all wage garnishments, levies and other judgment enforcement actions. Many times this is the fastest and least expensive way to get rid of a judgment. Naturally you must qualify for bankruptcy and there are other ramifications to filing a bankruptcy.
What’s the First Step?
CALL US! At no cost to you, you can speak to an experienced attorney who can take you through all your options. It takes hard work and know how, but it can be done. Fitzgerald & Campbell, APLC has many clients with judgments and we settle judgments on behalf of satisfied clients nearly every day. If you have a judgment and don’t know where to turn, contact us right away, even if you are being garnished or levied. Get the protection and experience you need and deserve. You may be surprised how easy and affordable it is to get knowledgeable and experienced attorneys working for you.
10 Reasons to have Fitzgerald & Campbell, APLC handle your Judgment
- As a client of Fitzgerald & Campbell, APLC you have access to some of the most experienced lawyers when it comes to protecting consumers from judgments.
- We provide immediate answers to questions like: Can I close my bank account? Must I appear in court? Do I have to tell them where I work? And many more.
- You won’t have to speak to collectors and their lawyers anymore! We take that over for you.
- We know what to look for in determining if a judgment is defective.
- We know how to win Motions to Vacate.
- We know how to best present your case to the judgment creditor to get reductions.
- We know how to make sure exempt money such as social security benefits (and many other types) is not taken from you.
- We know how to make sure that once you make any payment, you are getting credit for everything you have paid and that the judgment will be deemed “Satisfied”.
- We are highly motivated and work tirelessly to get you the best deal possible.
- We are affordable, prompt, and most importantly, WE CARE about you.