Legal Question in Appeals and Writs in California

how do i file a motion to quash service of summons when the creditor has already put a levy on my bank account yet i was never served? I have NO funds since they levied every penny.


Asked on 4/05/10, 8:35 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Unless this was a tax debt or student loan, the creditor must already have a default judgment against you. You need to bring a motion for relief from default and from judgment, and you need to do it quickly.

Note that if the motion succeeds you will still have to defend yourself against the lawsuit. Getting the judgment set aside does not mean you win the case; it just gives you a chance to win it.

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Answered on 4/10/10, 9:28 pm


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