i have a default judgement against me from an attorney in NY , i was not notified of the date , and iam looking for a form(set a side a default judgement to file here in california to block collecting until i continue to fight the court case
2 Answers from Attorneys
Since this is one of our practice areas, debt collection defense, there is no form to block collection efforts pending fighting the case. You will have to file a motion called Ex Parte Application for Temporary Restraining Order, blocking them form collection activities pending your motion to vacate the default judgment which again is not a form either. The TRO is also a motion that would be tailor made to your fact situation.
Chances are if you get your motion filed ASAP you can get a hearing date withing a month. In the meantime don't keep any money in your bank accounts or they are liable to be levied on or seized.
If you would like you may call our office for a free consultation. Our phone number is
(866) 981-1850 or check our website out www.bellilawfirm.com
Hope that helps and good luck.
If the judgment is in New York, they would have to file an application to register a foreign judgment in California. From what I have been told New York judgments are usually not enforceable in California. At any rate, if the judgment is in New York, you would have to fight it there, not here. However, you may be able to fight the judgment In California on jurisdiction grounds.