[klido]

Last year I settled a case out of court in mediation against an x-employer that was suing me. We settled for various reasons, one of which my attorney was in the middle of losing his license and I would have had to start the process all over with a new attorney had I chosen to go to trial. Nonetheless we settled through a judge advocate. I was required to make my first payment in the settlement 60 days later for an amount larger than what I had in my bank account or g=could immediately access. Therefore my husband and I applied for a second on our home. Once approved, which took longer than the 60 days before my 1st payment due, I paid the plaintiff's attorney the first two payments due, therefore we were caught up. This was Dec 2006, and after that I continued to execute a payment each month in the agreed $1000 per month payment. In February 2007 the plaintiffs attorney filed an abstract of judgement unbeknownist to me until May 2007, when I received notice from the clerk -recorders office that a lien was being place on my property for much more than the remaining balance owed on the judgement. Then in July I received a letter from my bank stating that my joint bank account had a levy against it.
I tried to get help from the Orange County Courts office only to be told "I didn't qualify" for any assistance, even to merely ask questions on what I needed to do to fight all of this. The only thing I have been told is I need to hire an attorney again and pay more money to fight all of this. I have paid this debt as agreed all along with the exception of the 1st two payments while I was trying to get approved for a 2nd loan on my house. Once that was done all payments were caught us and since been paid every month. The x- employer and his attorney will not respond to any letters I have written asking why they are doing this, to release this and all payments have been made. I was led to believe that even though the initial payment was late because it was caught up and paid as agreed moving forward it was fine. Now they are trying to come up with ridiculous charges and fees and more money that I do not have to spend.
I went to the small claims court to try to file a small claims suit or counter suit or notice to vacate only to be told I can't and I don't understand why. I can't seem to file anything without an attorney. I don't have that kind of money again to go through all of this. I just want to prove that I have paid all along, have my day in court to show this so that this stops. I am $3000 away from being done with all of it, but now they are claiming I owe $10k+. What can I do?

[ScottGem]

You need to go back to the court that issued the judgement and file a motion to vacate. Your grounds are that you had a court mediated settlement in place and that you were never notified of the judgement hearing.

You will then have a hearing scheduled on the motion to vacate. Bring proof of the mediated settlement and of all the payments you made and they accepted. You should have the judgement vacated so the lien is removed and your bank accounts freed up.