Legal Question in Credit and Debt Law in California

I was just served a wage garnishment notice for my car that was towed away without me knowing.

I live in LA and the car was towed in Sacramento. I realized it had been towed when I received a Lien of Sale Notice in the Mail. I called the Tow Company and they said they do not have my car. I said I have the lien of sale notice and he said that was their company but they don't have my car. I called CHP and they said that the company did tow it. My car was worth less than 4000, but it was still in good working condition.

6 months down the line, I receive a summons for the car because I was getting sued. I wanted to appeal and wrote them a letter, but they never responded back to me. I do not live in Sacramento and they do not discuss cases over the phone so NO ONE was able to help me. I was waiting for a response to appear in court, but never received anything.

5 months later, (today) I receive a wage garnishment letter stating that they will start to garnish my wages.

Can someone please help me with my problem? Is there anyway I can still appeal the decision already made?


Asked on 4/29/10, 5:29 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Ignoring what happened with the car, because from the facts you provided it is impossible to say if anything illegal was done or not, you need to act extremely quickly to resolve this. What happened is you were sued by the creditor, and because you did not respond (you should have read the summons which advises you that if you do not file a written response with the Court in Sacramento, a judgment could be entered against you), you now have a "Default Judgment" entered against you.

There is a procedure in California to obtain relief from a default judgment. You have to prepare and file a motion with the Court in Sacramento asking a judge to set aside the default judgment. You have to act very, very quickly because there is a six-month deadline by which you must file this motion, or you are going to be stuck with paying the judgment. Contact an attorney in Sacramento, as it is far to expensive for someone in Southern California to handle the case. Call the Sacramento County Bar Association for a referral - you can find their phone number and information online.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 5/05/10, 8:30 am


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