Legal Question in Administrative Law in California

What can I do if I was served illegally?

I was never served papers and money was taken out of my checking and savings account on a judge ruling for an account that is not mine, what can I do? Isn't this illegal, how can I stop this from happenning again. This collection agency has been running my credit every couple of months without my permission and now they have taken money from my bank accounts without giving me a chance to defend myself. Please advise....


Asked on 5/26/06, 4:23 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: What can I do if I was served illegally?

It is possible in rare circumstances to obtain a writ of attachment before suit is filed and served. Actually, the suit must be filed, but it need not yet be served on the defendant. The procedure is outlined in Code of Civil Procedure sections 485.010 and 485.210.

If you would like a free analysis of what's going on, obtain a complete copy of everything on file at the court and mail it to me, along with an explanation as to anything you can think of that might have caused the mix-up.

It may be a mistake, it may be something criminal or fraudulent is going on, you you may really be at fault and just not know it.

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Answered on 5/26/06, 6:08 pm
Terry A. Nelson Nelson & Lawless

Re: What can I do if I was served illegally?

Actually, banks can't allow executions on accounts without a court order after judgment, so there IS one in your case. The judgment may be in error against you because of name confusion, or may be a lawsuit and default you weren't aware of. Either way, the only remedy is to go to court with an appropriate motion to cure the problem. Unless you are familiar with court pleadings and procedures, you will need to hire an attorney to do this. Contact me if interested in doing so.

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Answered on 5/26/06, 7:51 pm


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