Legal Question in Business Law in California

Re: Asset disclosure hearing for a case I never heard of

Obviously this judgment was not received legally. However, things like this happen all of the time. Somehow, you were served by mail or someone accepted service on your behalf. Since you did not get a copy of the summons and complaint you could not answer within 30 days. A default was then filed against you. Again you never received it so you could not defend yourself. You only have 6 months to defend a default. If it has been 4 years than that deadline has probably elapsed. I would hire an attorney immediately before you are forced to file bankruptcy to protect your assets. An attorney can help you go through the case and figure out how all of this transpired without your knowledge, and why you were included in the suit in the first place. If you can prove you were not an officer in the corporation and that you had no dealings with the plaintiff, than you can probably get yourself out of the lawsuit. However, you need to deal with the current situation. You need to speak with an attorney immediately. An attorney can ask for a continuance so that he has time to sort through the case. If you don't appear at the hearing, and it is not continued, a bench warrant will be issued and you may be arrested. I would be happy to speak with you and help you to sort out this legal mess. I can be reached at 877-546-9918. The call and consultation are free. If you don't call me please call someone before things get even worse.

If it is determined later that the plaintiff knowingly filed a lawsuit against you, even though you were not a party to the action, not only can you sue for attorney's fees you can sue for punitive damages. If we can not prove malicious prosecution, but we can prove that you are not at fault you can get attorney's fees.

Sincerely,

John Hayes, Esq.