Legal Question in Credit and Debt Law in California

Can a default judgement be entered in against you without being served?
I recently found out that there is a tax lien against me on my credit report that was filed back in 2001/2002 on behalf of Santa Clara Calley Medical Center that I did not find out about until a few months ago. I'm am trying to find out if it is legal for a default judgement to be entered against me if I was never served. It says that I was served back in June of 2001 but I can prove that I was not living in California at the time and it would have been impossible for me to be served. How to I go about fighting this and removing it from me credit?

Asked on 2/06/04, 3:04 pm

Ken Koenen Koenen & Tokunaga, P.C.

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Re: Can a default judgement be entered in against you without being served?

First of all, it is not a tax lien, it is a judgment lien. To have it removed, you will need to file a motion to vacate the judgment with the court.

If you can show that the process server filed a fraudulent proof of service, you may have a cause of action against them for abuse of process.

Answered on 2/06/04, 3:20 pm

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