Legal Question in Consumer Law in California

Sued without being served

I have been handling a dispute with a collection agency about a fraud account. I have sent in all the paperwork they asked for and did not hear from them for a few months. I thought the matter was taken care of. A few months later I recieve a letter from my job stating that the agency was garnishing my wages. I call the collection agency and they say that there was a judgement against me. I was never served any papers stating that they were trying to take me to court on this matter. I do not know what to do from here. I contacted the police department and the court that handled the matter, but they state that there is nothing they can do. This was a credit card that was open under fraud and I have been trying to get the matter resolved. Is there anything I can do?


Asked on 12/20/06, 10:15 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Sued without being served

If you don't owe the money, and you were never served, you need to file a motion to set aside the judgment without delay. Since you only get one shot at this motion, you would be well advised to get help from an attorney.

Read more
Answered on 12/20/06, 11:21 pm


Related Questions & Answers

More Consumer Law questions and answers in California