Legal Question in Credit and Debt Law in California

I sold my business 3 years ago and remained on the lease as a guarantor. The buyer defaulted on one year of rent and now I have a bank levy for $48k from a court judgement which I have never received notification whatsoever. It’s Landlord breech of the Lease Assumption Agreement that they did not deliver notices to me as agreeded. Can I fight this and what can I hope for in court?

Asked on 12/30/17, 3:28 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You might want to contact an attorney for assistance. You may file a motion in court to vacate the judgment against you on the ground that you were never served with a copy of the summons and complaint and, therefore, did not know about the lawsuit. You should do so as quickly as possible.

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Answered on 12/30/17, 11:32 pm
Charles Perry Law Offices of Charles R. Perry

Assuming you prevail on the motion to vacate the judgment, you would in essence be "back to square 1" in the dispute with the landlord. In other words, the lawsuit would not go away -- it would start over, and you would have a chance to defend yourself.

You may also be able to sue the buyer of your business, though it may be that he does not have any money.

This also is not in small claims court. You are not going to simply be able to show up and explain your position. There are a number of rules to follow as well, and you do need to act quickly. The Court will look at how long you have known about the judgment when it decides whether to set it aside. If you have sat on your rights, the Court may decide you are too late. You would be wise to retain good counsel to help you.

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Answered on 12/31/17, 2:09 am

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