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?
2 Answers from Attorneys
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You will first have to contest the judgment and have it rescinded.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.
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.