Legal Question in Consumer Law in California

abstract judgement

i was unaware of a credit card co. suing me. i have an abstract judgement on me now. The people who sued me are now threatening to garnish wages/bank accts./etc. can i do anything since i did not get anything saying i had to go to court? what rights do i have?


Asked on 1/30/08, 7:25 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: abstract judgement

They could not have gotten the judgment against you unless they had proved to the satisfaction of the court that you had been properly served. It is possible that you did get notice but overlooked it or they could have mistaknely served the papers on someone they thought was you. Or the process server could have simply lied about give you the papers.

No matter what, the judgment is valid and enforceable until can prove to the satisfaction of a judge that the default and default judgment should be set aside. You need to file a motion to set aside the default and let the judge decide the issue.

Call the lawyer referral service of the local county bar association an attorney that might be able to help you.

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Answered on 1/30/08, 7:59 pm


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