Legal Question in Credit and Debt Law in California


I live in CA and acquired a commercial property a couple of years ago. I was served with a civil lawsuit, but the court documents listed who I assume was the previous owner. I called the courthouse, and the clerk noted that since the case did not have my name on it, I wasn't properly "served" and did not need to come in.

Fast forward a couple of years later, I have sold the property and the case is now a civil judgement on my credit report. How did this happen and can I get this legally removed?


Asked on 9/04/13, 3:18 pm

2 Answers from Attorneys

Scott Jordan Dunning Law Firm
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The clerk should not have commented on the matter.

You will first have to contest the judgment and have it rescinded. This is a difficult process. You should hire a California attorney in the local area of the court to review the history of the case and determine whether anything can be done at this time.

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Answered on 9/04/13, 3:30 pm
Timothy McCormick Libris Solutions - Dispute Resolution Services
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Mr. Jordan is correct. You may have been served as a "Doe" defendant, or any number of other possibilities that would make the judgment enforceable against you. You have a VERY limited time to set aside a judgment once you know it has been wrongly entered against you. You need an attorney immediately.

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Answered on 9/04/13, 3:47 pm

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