assignment of judgment

[kikithecat]

As I posted previously, a judgment was entered against me in 2000. The original plaintiff went BK (out of business) in 2003. A collection agency wrote and is claiming the judgment. Wouldn't they have to have been legally assigned the debt to be able to collect? Also wouldn't any court papers have to be filed at the same courthouse where the original juddgment was filed? I just got copies of the original judgment file and there is nothing there about any assignment.

Thanks,

Kiki

 

[seniorjudge]

Wouldn't they have to have been legally assigned the debt to be able to collect? Also wouldn't any court papers have to be filed at the same courthouse where the original juddgment was filed?

Yes and not necessarily. Make them prove to you that they own the judgment.

 

[kikithecat]

Thanks for the response. I checked the file where the original judgment was filed (it was at the courthouse in city I live), I checked the Superior Courthouse in my county and I checked the courthouse in the county where the collection agency is. Nothing. This is all happening in California. Do you know where I can find case law/statute/civil code - anything that defines when and how an assignment is made. I need to find something that covers my specific situation - original plaintiff no longer exists and how and when can judgment be assigned.

Thanks,

Kiki

 

[kikithecat]

Thanks for the response I have checked the courthouse where the judgment was originally filed and my county's courthouse. Also the courthouse where the current Collection Agency is located. Nothing there. Is there any case law/statute/code that requires a judgment to be legally assigned after the original plaintiff (corp) is gone. I am in California. Need to know exactly where I stand legally before I can deal with this.

Thanks,

Kiki