Legal Question in Constitutional Law in California

Proof of Service

My wife and I were never served but someone filed a Proof of Service in order to get a default Judgment.

Now What?


Asked on 11/03/08, 5:45 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Default Judgment Based On Sewer Service

If you have a defense to the lawsuit, you have one chance to file a motion to set aside the judgment. The law requires that you act immediately as soon as you get notice of the lawsuit. Use an attorney, because you won't get another chance.

If someone falsely signed a proof of service, that person is civilly liable to you. If the plaintiff is a collection agency, "sewer service" is an unfair debt collection practice for which they are civilly liable to you.

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Answered on 11/03/08, 6:33 pm


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