Legal Question in Credit and Debt Law in California

Need judgement set aside while living out of state

I was sued in Orange County CA,1992/93. I wasn't personally served. I have a photo copy of the Proof of Service, clearly showing an address where I have never lived. The address was an acquaintance's of mine from over 10 yrs ago. I stayed there for 2 wks, when I 1st moved to CA, She has not lived there in over 10 yrs either.

At the time this company sued me, I was a registered driver, working, filing taxes etc. I wasn't that difficult to find. I had even just requested and received an update to my credit report, which listed my current address.

I was not made aware of this case until after it was settled, without my knowledge. The same attorney that couldn't find me to serve me, suddenly found me when he began trying to collect the judgment, court costs & interest, now totaling almost $50,000.00

My date of discovery is 4/10/2005, which is when I received the first collection letter. This is also the time I began relocating to Chicago to take care of my dad, who is dying from Lou Gehrig's disease. I was told I had 6 months from that date to have the judgement set aside. How can I do this from Chicago. Money is an issue. Is there a form I can file myself? Thanks


Asked on 8/15/05, 1:52 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Need judgement set aside while living out of state

You are referring to a motion to set aside the default and default judgment. There is no form that you can simply will out. It has to be supported by declarations and evidence with citations to the applicable laws. It is something I can assist you with if you are interested.

By the way, was the judgment renewed? California judgments expire after 10 years, but are renewable. The judgment creditor needs to file an application for renewal with the court and must give you notice of the application.

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Answered on 8/15/05, 2:11 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Need judgement set aside while living out of state

Your date of first discovery was when you were first "personally" served. You just ignored it, I think you have no basis to set aside.

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Answered on 8/15/05, 2:32 pm


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