Legal Question in Landlord & Tenant Law in California

I just recieved a notice of garnishment of my wages for a over 10 year civil case of UNLAWFUL DETAINER that i was not present for nor informed it even existed 10 years ago. I moved out of my appartment on time and left for another state and only now hear that the landlord had 10 years ago gone to court and the case defaulted in his favor because I was never there. I do not know what legal course I can take since I was never notified of this case since I had moved out already and lived in a different state at the time of this case. Is there anything I can do?


Asked on 7/25/09, 10:10 pm

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

You could hire local counsel to file a motion to vacate judgment for being void due to the fact that the unlawful detainer case was never properly served upon you. Of course, you would need proof, if you still have it, that you moved out on time and was already in another state and could not have possibly received the court summons, either in person or by mail.

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Answered on 7/27/09, 2:37 am


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