Legal Question in Credit and Debt Law in California

My bank account was recently levied (in November 2013) and emptied to zero. Upon further research as to why, I discovered my wife had a civil lawsuit against her filed in December 2011 from a collections agency, and a default judgment entered against her in July 2012. We live in California and have lived in the same county our entire lives. However, the lawsuit was filed in a different county 150 miles away. Draining my bank account has caused a hardship on our family finances. I already filed a Request for Exemption through my local Sheriff-Court Services. I am also going to file a Motion to Vacate with the filing Court. Do I have grounds to do this a full year after the judgment was issued? My claims are: not being properly served a summons, and the plaintiff filed in the wrong court jurisdiction.


Asked on 11/12/13, 10:35 am

1 Answer from Attorneys

Yes. You also have a claim back against the collections agency if they knowingly filed in the wrong county. That was a nasty trick they used for many years but it was outlawed a decade or so ago.

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Answered on 11/12/13, 11:03 am


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