In brief I've received court document for 10k judgement from collection attorney this march ago, after research seems i've been sued and lost , I was NOT aware of such action, I'm now receiving letters stating the attorney is "Considering Debtor Examination Rule 69" April 29...this is moving fairly quick, how can I protect myself? this appears originate from a fed student loan 20 years ago, the default lawsuit was recorder Sept 2012 (i had no knowledge, no servicing) note this case is in US District Court /Central District of California not your usually courthouse. I didn't even know I had a student loan only my grant.. I think i have a right to a motion to set aside ? can they proceed the debtor examination even if a set the motion? and last should i call the collection's attorney? need help with forms and legal advise
2 Answers from Attorneys
Neither a motion to set aside default judgment nor an appeal stops the clock such that he may not proceed with debtor's exam. Until the Judgment is vacated, he may continue with his collection efforts including noticing your Debtor's exam. You need an attorney. I would be willing to help you for a reasonable hourly fee. You need an attorney to make sure your rights are protected.
Your motion to set aside will also require decent proof that you were not served -- a declaration simply stating that conclusion will be insufficient.
If you do not hire an attorney, you should definitely be in contact with opposing counsel. You may want an attorney on a limited representation basis (or to consult with an attorney for an hour)), however, to help you plan what to say, and what your best course of action is.
A public forum is fine for general rules, but not for specific strategy in a a case.