Legal Question in Credit and Debt Law in California

Vacating a Default Judgment

I defaulted on a credit card in the 1995 and the Crdit card company obtained a judgment against me. They renewed the judgment in 2005. Now they are coming after me for the balance plus the interest. I was never served process and I didnt know anything about this debt until a couple of days ago. Can I vacate the default judgment against me since I wasnt properly served?? This happened in CA, but now I live in Arizona.


Asked on 2/22/08, 4:25 pm

1 Answer from Attorneys
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: Vacating a Default Judgment

After 6 months the burden to set aside a default judgment becomes much harder. Assuming that there is enough evidence to do so, I usually only recommend doing it if the motion cost will be substantially offset by the amount of the judgment you are setting aside.

Also, you may be able to attack the judgment in AZ if they try to get a sister-state judgment there to try and collect it. You should see AZ counsel about that issue.

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Answered on 2/22/08, 4:39 pm


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