Legal Question in Appeals and Writs in California

Reposession of Auto

Hello, loan from Credit Union in 2002 for car, reposesses two weeks ago, never received summons to appear in court. CU Disability was making payments, as long as I was going to dr and disabiled, which I am, but dr messed me up, I have contacted the state ins dept to look into this, because CU disability should not have stopped making payments. Went to City Hall to file an non judgement form, they told me to file a ''Draft of Motion'', I can't find this form. I want to appeal Judge order because I was never served, but the forms in folder at court says I was...what can I do??


Asked on 9/18/07, 1:15 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Reposession of Auto

You need to bring a motion in the trial court for relief from the default and the default judgment on the ground that you were not served. Hire a lawyer to do this for you if at all possible.

Also, bear in mind that winning the motion is not the same thing as winning the case. You will still have to defend yourself once you have been served properly.

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Answered on 9/18/07, 2:38 pm


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