Legal Question in Consumer Law in California

My wages are about to be garnished due to an old credit card debt that was charged off several years ago. I was never served with a court summons, and on review of the court documents I copied, they served the papers at an old address a year and a half after I had moved. They even state on the service that it was a pacific islander that was served - I'm caucasian. Also, the debt is beyond the statute of limitations.

What should I do?


Asked on 6/23/10, 7:58 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You could file a motion with the court under Code of Civil Procedure section 473.5 to set aside the default and default judgment. Then the case will be reopened and you could assert appropriate defenses, including statute of limitation, if applicable.

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Answered on 6/23/10, 11:08 pm


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