Legal Question in Civil Litigation in California
CCD-18 Abstract of Judgement/order
I have two abstract of judgement orders against me and my wife keeping us from refinancing our home unless we pay them off. They total $13,000.00 and we had know knowledge they
were on the house. We were never notified to go to court and had no chance to defend against the claims. Can I have the judgements set aside or make this collection company prove we owed the money which was in dispute with master charge credit card company.We never were notified we were being sued or that we had to go to court.
5 Answers from Attorneys
Re: CCD-18 Abstract of Judgement/order
Yes, you can have judgments set aside pursuant to the California Code of Civil Procedure, Section 473. There are several different time limitations depending upon the particular grounds upon which the motion to set aside is being made. This can be a tricky area, so you should contact an attorney to help you out with this. If you would like to discuss this with an attorney, please send an email with a telephone number and a good time to reach you.
Re: CCD-18 Abstract of Judgement/order
If you never had notice of the lawsuit then you should be able to get the judgment set aside, unless the judge thinks you're lying.
You need to bring a motion to set aside both the default and the default judgment. This type of motion is not especially complicated but you really should have a lawyer write and argue it since there are many ways a layperson can go wrong.
Now that you know about the judgment you should act quickly.
Keep in mind that getting the judgment set aside is not the same thing as winning. The case will proceed as if you had just been served, and you will have to mount a defense.
Good luck.
Re: CCD-18 Abstract of Judgement/order
You should seek a lawyer in the area where you are located. The sooner the better. If you moved since you last used the credit card, gather up written evidence of when you moved -- i.e. new utility bills. But get to a lawyer in your area as soon as possible since the time limits are not on your side.
Re: CCD-18 Abstract of Judgement/order
It may be possible to vacate the judgment against you; I have done it for other clients before (and have also represented the other side trying to prevent vacating the judgment.) I'm located in Encino; if I'm close to your area, please feel free to contact me.
Re: CCD-18 Abstract of Judgement/order
Depending on the timing and the facts, you may be able to get the judgment removed by filing the appropriate motion in court. Feel free to give us a call or email us to see if you have a favorable position.
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