Legal Question in Credit and Debt Law in California
2001 Gave up my vehicle due to being laid off. Negotiated a walk away from vehicle and received paperwork from creditor. I moved 500 miles away. 2005 I get hit with a bank levy stating they were bought debt from creditor, took me to court and won judgment in absentia. Told law firm I was cleared of monies owed, was never notified of someone buying debt and was never notified of court, lived more than 450 miles away and was never served filing subpoena to court. I asked the law firm (collections) to show me papers that I was served, who served them, and who received the notices...they couldn't do that. They told me they would not come after any more than what was levied. 2010 rolls around and I get another call to call them. What do I do now...I have no knowledge of this supposed court hearing, have never seen paperwork about it, and now they're calling for something I never owed 9 years ago. HELP with info please?
2 Answers from Attorneys
The bank levy you received back in 2005 would have had the name of the court and the case number. The time to do something about it would have been back in 2005.
You need an attorney to review all of the documents in your matter to see if you have any defenses or if there was any fraud committed. If in fact, a default judgment was entered against you, you should have moved to set it aside in 2005 when you learned about it. How much is the judgment?
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