Legal Question in Appeals and Writs in California

Attorney suing for judgment on what appears to be a no show court date that I have never heard of till this happen. This is a Court District case that I looked up and appears they sued me for default on a student loan last year in sept. I never heard from anyone or knew of such case pending and now they are securing the case thru a judgment�Can anyone tell me if I have right to this since its been over 20 years??


Asked on 3/07/13, 7:28 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

If you were never served with papers and only recently learned about the judgment, you may be able to have it set aside. But you will only get one shot at it, so you need to do it right. Having a lawyer will greatly increase your chances.

That the loans are 20 years old shouldn't matter. That key dates are (1) when the judgment was entered, and (2) when you were supposedly served.

Feel free to contact me directly if you want to discuss your situation further. I have almost 20 years of experience in litigation and appeals.

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Answered on 3/07/13, 7:37 pm
Terry A. Nelson Nelson & Lawless

Your only option and remedy at this point is to file a Motion to Set Aside Default and Judgment, based upon whatever facts, defenses and legal arguments you may have. If you don't know how to do so effectively, hire an attorney. If serious about doing so, feel free to contact me.

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Answered on 3/08/13, 11:28 am
James Goff James R. Goff, Attorney at Law

The statute of limitations on a written contract is four years. However, if the plaintiff can establish to the court's satisfaction that you avoided service of the complaint the court can proceed to judgment without notifying you. So as indicated in the other responses to your inquiry you need to move to set aside the default and judgment based on a failure to properly serve you and that you were available for service.

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Answered on 3/08/13, 2:39 pm


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