proof of service requirements

L

letitgoplease

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Jurisdiction
California
A judgement in California expires after ten years. If a creditor files an application for renewal of judgement one day before the expiration of the judgement, but doesn't file the proof of service until 3 weeks after the expiration, is the renewal of judgement valid? Shouldn't the debtor have been served prior to the expiration date?
 
A judgement in California expires after ten years. If a creditor files an application for renewal of judgement one day before the expiration of the judgement, but doesn't file the proof of service until 3 weeks after the expiration, is the renewal of judgement valid? Shouldn't the debtor have been served prior to the expiration date?

If what you have recited is true, that's the argument you could potentially make to the court responsible for renewing the judgment, assuming the court allows you to be heard and entertains the matter.
 
A judgement in California expires after ten years. If a creditor files an application for renewal of judgement one day before the expiration of the judgement, but doesn't file the proof of service until 3 weeks after the expiration, is the renewal of judgement valid?

Yes.

Shouldn't the debtor have been served prior to the expiration date?

No.

CA Code of Civil Procedure:

683.120. (a) The judgment creditor may renew a judgment by filing an application for renewal of the judgment with the court in which the judgment was entered.
(b) Except as otherwise provided in this article, the filing of
the application renews the judgment in the amount determined under Section 683.150 and extends the period of enforceability of the judgment as renewed for a period of 10 years from the date the application is filed.


It seems obvious that it's the "filing" date that counts.
 
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