Is it poss for multiple parties to file mult judgmts on same person? Does an exist. judgment prevent others from filing jdgmts against the same party?

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Is it poss for multiple parties to file mult judgmts on same person? Does an exist. judgment prevent others from filing jdgmts against the same party?

Afriend said that based on counsel’s suggestion, he should get a friend to sue him in order to obtain a judgment accompanied by a garnishment (and that he would do likewise to the friend – for the same amount, that way there is a wash and the two parties are not out any money). The purpose (as I understand it) behind pursuing a judgment, is that once it is filed against a party the first judgment will take precedence over any other attempts to file subsequent judgments against the same party. If I understand correctly, the average judgment is good for approx 10 yrs

Asked on May 30, 2009 under Real Estate Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not a California lawyer, and I'm not going to research the details.  But I'm sure that somehow or other, if you were caught at this scheme to use sham judgments obtained by fraud to try and defeat the rights of legitimate judgment creditors, you'd end up in jail.

Or, perhaps, depending on the timing, one of your creditors would find and take your judgment against your friend (it is personal property, and might be subject to attachment).  And of course, one of his creditors might well do the same with his judgment against you.

These type of schemes never work for long, if at all.  If you want the details, please speak to a criminal defense attorney in your area.  One place to look for a lawyer is our website, http://attorneypages.com


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