Legal Question in Civil Litigation in California

I sought help in July with a Debt Settlement firm , while out of town they left Message that I was going to have and action taken aginst me for a debt back in

Dec, 2003, which ended with a Writ of Execution money Judgment, my banking

account were frozen, when I called the law firm that was helping me with my debt

settlement what I should do, the said they would call me back which they didnt, they

wrote me a letter thanking me for chooseing there firm and the papers they sent didnt

match mine anymore.

I called the lawyer for the plaintiff to see what was going on.

Nothing she said made any since to me, so I have done some checking.

1). Wrong Judicial District plus I got a a signed Document pleadge under oath

that I resided in said Judicial District when commencement of said action.

When I went to the court to look up the court documents with the dates they had

on the papers they dont match and other peoples names are on them not mine

The Writ document that was filed isnt dated and a mans name is on it not mine.

The date of which judgment was imposed and intrest was to accure is the wrong

date and year.

I dont know if this means anything but the case # on the Writ is the case # from

the paper filed years ago, and the one she filed with the courts is not the # on

paper and the court has a differnt form of letter

I want to state that I do owe money and I want to take care of my responsabilys

that is why I sought help, but I truly feel by th actons of the firm who I sote help

is were she got my banking info and from than on nothing she does seems legal.

Because I didnt know about what a Writ can do I gave her info I thought would

help me, but now it can be uses aginst me on her going after personl proptey

now, I'm scared and dont know where to turn.

Thanking you in advane


Asked on 9/09/09, 3:47 am

1 Answer from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

You should have an attorney review the writ and judgment to see if it can be overturned, but even so it's likely they'll just get a new, valid one if you did indeed owe the debt.

You may also have a claim against the debt settlement company, which should also be reviewed by an attorney--these companies are starting to face class action lawsuits from customers with complaints similar to yours.

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Answered on 9/11/09, 1:05 pm


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