Motion To Set Aside Judgment California Withholding
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FAQ
If your judgment has already expired, you should consult an attorney before taking any action. California judgments last for 10 years from the date they were entered. If you win a judgment issued by a federal court, you may start collecting right away.
If you do not pay the judgment, the judge can order you to appear in court. This is called an Application And Order For Appearance and Examination (EJ-125) . You can be ordered into court every 4 months to furnish information to aid in the enforcement of judgment until you pay the judgment.
*Examples of mistake, inadvertence, surprise, or excusable neglect may include: Illness of Defendant. Attorney's abandonment of client. Fraud by the Plaintiff.
If you know where the Judgment Debtor banks, you can ask the Sheriff to collect money from their account (bank account levy). If you know where the Judgment Debtor works, the Sheriff can collect 25% of the debtor's wages each pay period until your judgment is paid in full (wage garnishment).
If a judgment has been entered, your remedy is a motion to set-aside under Family Code sections 2120-2129. If a judgment has been entered but the settlement documentation or judgment provide that an underlying agreement is not ?merged? into the judgment, the safest course is to move to rescind and set-aside.