Legal Question in Civil Litigation in California

my credit report shows a civil judgment was filed and i owe $4500.00. Shouldn't I have recieved papers to show up in court. Can they do this if I was never served?


Asked on 4/14/10, 7:43 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If you were never served, you can move to set aside the judgment based upon Code of Civil Procedure section 473.5. However, you'll have to weigh whether the cost of doing so is worth reopening the case. It could put you in a better position to negotiate, though.

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Answered on 4/19/10, 9:24 pm
Terry A. Nelson Nelson & Lawless

They had to claim you WERE served in order to get the judgment. Depending upon when the judgment was entered, and when the record shows you were served with notice of judgment, you may be able to file a motion to set it aside and put the case back on track to have a trial. If you contend that you don't owe the money, and would be able to defeat their claims in court, and if you are serious about getting counsel to help you do so, feel free to contact me. It may also be possible to negotiate a compromise, even if you admit you owed the money.

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Answered on 4/20/10, 9:51 am


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