Judgement: Dispute or Vacate?

[CreditCrisis]

i dont think it is technically "finding out" because then someone with a 6 year old judgment could try to vacate it and just claim "i didnt know i had it"

i would look further into it...

[Trish]

According to the CA civil code:

116.740. (a) If the defendant was not properly served as required
by Section 116.330 or 116.340 and did not appear at the hearing in
the small claims court, the defendant may file a motion to vacate the
judgment with the clerk of the small claims court. The motion shall
be accompanied by a supporting declaration, and shall be filed
within 180 days after the defendant discovers or should have
discovered that judgment was entered against the defendant.
(b) The court may order that the enforcement of the judgment shall
be suspended pending a hearing and determination of the motion to
vacate the judgment.
(c) Upon a showing of good cause, the court may grant the motion
to vacate the judgment. If the plaintiff is not present, the court
shall hear the motion in the plaintiff's absence.
(d) Subdivisions (d), (e), and (f) of Section 116.730 apply to any
motion to vacate a judgment.

This is only a small section of it though...... you should look through it:
CALIFORNIA CODE OF CIVIL PROCEDURE


ETA: regarding the process server laws, read here:
California Rules of Civil Procedure, Process Serving Laws ? ServeNow.com

To me (and this is just my interpretation - you may want to contact a process server and ask them) a neighbor would not be sufficient....looks like it needs to be a member of the household..

u00a7 415.20

1. In lieu of personal delivery of a copy of the summons and of the complaint to the person to be served as specified in Section 416.10, 416.20, 416. 30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and of the complaint during usual office hours in his or her office with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after such mailing.
2. If a copy of the summons and of the complaint cannot with reasonable diligence be personally delivered to the person to be served as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and of the complaint at such person’s dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing. (Amended by Stats. 1989, Ch. 1416, Sec. 15.)

[CreditCrisis]

well then couldnt i technically file a motion to vacate no that judgment i have in question?

[Trish]

Originally Posted by CreditCrisis

well then couldnt i technically file a motion to vacate no that judgment i have in question?

CC - not really understanding... can you clarify?

[RepairCR]

Thanks again Trish for your help.

I had taken a look at those websites, but wasn't understanding all of the legal talk. My husband is going to call a process server tomorrow, but we're pretty sure he was served improperly. I also read on the Motion to Vacate Judgment form that there are "...small claims advisor services free of charge", so my husband will be calling them as well. I will update with what we learn.

In the meantime, I have other questions about some of the TLs on my husband's CR. Should I ask them here or in another thread? They are about CA & CO accounts.

[RepairCR]

I forgot to ask:

I'm trying to think positive and prepare for the judgment to be vacated. So, what would happen if a new trial date was set? The account's SOL has passed.

And is it normal for just the judgment to show on CRs and not the original TL?

[Trish]

Originally Posted by RepairCR

Thanks again Trish for your help.

I had taken a look at those websites, but wasn't understanding all of the legal talk. My husband is going to call a process server tomorrow, but we're pretty sure he was served improperly. I also read on the Motion to Vacate Judgment form that there are "...small claims advisor services free of charge", so my husband will be calling them as well. I will update with what we learn.

In the meantime, I have other questions about some of the TLs on my husband's CR. Should I ask them here or in another thread? They are about CA & CO accounts.

Good....I hope you guys can get good answers and guidance. Yes, please keep us updated.

For the other TLs......for questions about collection accounts or charge offs, the credit repair section would probably be better for that.

Originally Posted by RepairCR

I forgot to ask:

I'm trying to think positive and prepare for the judgment to be vacated. So, what would happen if a new trial date was set? The account's SOL has passed.

And is it normal for just the judgment to show on CRs and not the original TL?

If you are able to get the judgment vacated....then it's basically wiped out like it never happened. So then the CA/OC (or the law firm representing them) would have to start all over and serve you with a summons again. If it is now out of SOL......then chances are, they will not try to sue you again.. If, by chance, they did still try to come after you....then you have SOL as an affirmative defense. You have a MUCH higher chance of winning it.

And yes...you can have the judgment reporting without the TL reporting. Try disputing those judgments off.
Read here:Guide To Disputing/Removing Judgments

HTH

[sportbiker40]

I have the same issue as you. Where a creditor filed a judgement a year and a half ago. I just found out about it. I read everything Trish has said. So the first thing I did was check my Rules of Civil Procedure in Va.

And I found this..

u00a7 8.01-322. Within what time case reheard on petition of party served by publication, and any injustice corrected.

If a party against whom service by publication is had under this chapter did not appear before the date of judgment against him, then such party or his representative may petition to have the case reheard, may plead or answer, and may have any injustice in the proceeding corrected within the following time and not after:
Within two years after the rendition of such judgment, decree or order; but
If the party has been served with a copy of such judgment, decree, or order more than a year before the end of such two-year period, then within one year of such service.
For the purpose of subdivision 2 of this section, service may be made in any manner provided in this chapter except by order of publication, but including personal or substituted service on the party to be served, and personal service out of the Commonwealth by any person of eighteen years or older and who is not a party or otherwise interested in the subject matter in controversy. (Code 1950, \u00a7 8-78; 1977, c. 617.)

I think I fall under the 2 years after the rendition of such judgement.

If I am reading this incorrectly please tell me! I've never done this before.

I would like to go to the courthouse and file Vacate a Judgement ASAP!

Therefore, I don't want to look stupid.

If I'm able to do this I will keep you updated on the proceedings. Line by line!

Thanks for your help!

[Trish]

Hi sportbiker,

I would check with the court and see what they have in their records as proof of service..... but yeah, if you never rec'd any papers, it looks like you can file a motion to vacate the judgment.

Good luck and keep us posted!

[sportbiker40]

I went to the court house this morning after work. I work midnights right now so Im pretty tired..

I asked for a copy of the Judgement. I had to fill out a form in order to get a copy. Each photo copy of the Judgement is gonna cost me .50 (Fifty cents).
Also the clerk said that they're so busy with requests for copies that I wont be able to get mine until Tuesday. :| I was just antsy to see the document.

So now Ill go and get a copy of the service also. Thank you Trish!