Legal Question in Credit and Debt Law in California

In 2007, I placed a yellow page ad for my business on the condition that they track the calls that the ad generates. They failed to provide me with this so I refused to pay for the ad. They entered judgment against me in an out of county courthouse while I tried to get a change of venue. Their attorney filed a claim with the local Sheriff's Dept. asking that they be allowed to take my personal property to satisfy my debt. 1) Is there a way to file a motion to set aside the judgment and 2) Can they go after my personal property to satisfy a business judgment? 3) Is there a way to block them from going after my personal property? 4) If I transferred my house, cars and all my belongings into a trust can they get at it? 5) Can I just transfer these items to my wife and infant son?


Asked on 11/11/09, 7:47 pm

1 Answer from Attorneys
Melvin C. Belli The Belli Law Firm

I assume they got a default judgment because you failed to file a response withing the time allowed. You did say something about a change of venue though. Did you file that in the county where the action was? If you did and court denied it then what is your excuse for not filing a response. If it was through mistake, inadvertence or excusable neglect then you could file a motion for relief from default under Cal Civil Procedure Section 473.

#2 Yes if you personally guaranteed the debt or the business is not a corporation.

#3 Yes file bankruptcy.

# 4& 5 No because if you did it would be a fraudulent transfer that your creditor could get set aside.

Hope that helps and good luck..

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Answered on 11/17/09, 2:15 am


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