motion to set judgement aside

Submitted by Anonymous (not verified) on Tue, 01/05/2010 - 07:25
Forums
Credit repair

i just found out that a judgement was entered againts me in orange county california , i was never served properly so i was unaware of the suit filed ... ... the adrs and work place they claimed i was served at was a adrs and work location i have not been at in 4 years !!! i have curent prof of my residence (lease) and also curent emplyer (tax filling over the last 4 years ) neither of wich the collection agency that sued me know about .... so i can clearly show prof i was not served ...i want to file a motion to have the jugdement set aside...what i need to know if i win and i strongly beleive i will can i sue the agency that sued me improperly for their illegal practice?

carol

Hi judgement

Yes, you can sue the collection agency/creditor in small claims court if you have a case. Were you ever pursued by the CA for the debt or was this the first time you ever heard of it? If you were unaware of the debt, it is better that you first send them a validation letter and wait for them to validate it. Why I am saying this is, you need to build a case to be able to sue them in small claims court. There are few obvious reasons to file lawsuits like calling at odd hours, threats, refusal to validate debt at your request and continuation to collect and harassment. All of these are reasons to sue. So, first build your case and then go ahead. Send the validation letter first and if they don't validate it, then dispute the debt and ask them to get it removed. If none of this is done, you may go ahead and sue them in small claims court. Check your credit report if this debt reflects in it or not.

Thu, 01/07/2010 - 04:58 Permalink
tajzsmom (not verified)

i failed to respond w/in 30 days re my divorce for which my husband filed. what are my chances of getting spousal support if i file the above paperwork? we are in california. thank you so very much! tajzsmom

Tue, 08/10/2010 - 19:26 Permalink
Katrina

Once a creditor has taken you to court is not a time to 'send a validation letter' - Creditors like that are ruthless and usually know exactly what they are doing and know you won't get notified - they have already done their homework and have everything lined up to garnish bank accounts and wages. Judgement - you need to act immediately and notify the court and all parties ASAP that you were not notified properly - otherwise they will ask for and receive an order for garnishment. Then find an attorney ASAP.

Tue, 08/10/2010 - 23:47 Permalink
Aaron

Hi tajzsmom,

Your spouse will win a default judgment. If only you can show that you were not properly served, can the judgment be vacated.

Once a creditor has taken you to court is not a time to 'send a validation letter'

Katrina, here the original poster is not talking about a creditor :) This is a divorce case.

Thanks,

Aaron

Wed, 08/11/2010 - 10:18 Permalink
Anonymous (not verified)

Oops I missed that [*blush*]

Wed, 08/11/2010 - 12:27 Permalink
KCC

Judgement: I went through the same thing in NY (sewer service). I was living in PA when they claimed to have served me in NY at an address I hadn't lived at in 16 years. I notified the attorney, and sent proof of address at the time of service and current (service was 3 years before). They sent me a copy of their Consent to Vacate Judgement and Discontinue Action that they submitted to the court. I'm just waiting for it to be signed off by the court. I'm not in the same state so I didn't go to court to vacate.

I hope it goes smoothly for you.

Fri, 07/27/2012 - 13:37 Permalink
Crealsere (not verified)

Hi everyone glad to be at this forum. Hope to get to know some of you.

Sat, 07/28/2012 - 06:30 Permalink
matzcrorkz (not verified)

R9zMNf Thank you for your article post.Really thank you! Much obliged.

Wed, 08/06/2014 - 01:11 Permalink