Legal Question in Appeals and Writs in California

Received document for judgement from collection attorney about a month 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 Examinatinon Rule 69" ...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) note this case is in US Diistrict Court /Central Distrcit of California not your usually courthouse. I didnt know I even had a student loan. how can i even get a validation of this debt?

Asked on 5/05/13, 9:31 am

3 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

You need to have a look at the underlying court file to see what is going on.

All federal court records are on a computerized system called "PACER," though I am not sure how open it is to the public. It is a for-pay system in any event, and the file will fill you in on what happened in the underlying lawsuit.

It may be that you are not even the right person -- but you need to straighten this out. It may make sense for you to work with an attorney in your area to help you. The money spent on the attorney will likely be less than fighting the debtor examination and attachment of assets to pay the judgment.

Read more
Answered on 5/05/13, 10:16 am

Zadik Shapiro Law Offices of C. Zadik Shapiro

You can ask this question on a civil litigation page.

Read more
Answered on 5/05/13, 12:31 pm
James Goff James R. Goff, Attorney at Law

The approach to a default judgment is to move to set aside the judgement on the basis that you were never served with the original law suit. This motion must be addressed in the trial court in this instance the Federal District court. Good luck.

Read more
Answered on 5/05/13, 12:42 pm

Related Questions & Answers

More Appeals and Writs questions and answers in California