Legal Question in Credit and Debt Law in California

Aperson is a victim of Identity theft but does not know it. the creditor sues the victim for the money charged by the person who committed the Identity theft, the victim was not served with the court paper as required by law, the court was put on notice of the fact. At a later day it was discovered that a judgement was issued. how is that possible? Also can the victim sue the creditor and the court for damages as a result? thank you for your help.


Asked on 3/19/11, 12:36 am

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

What do you mean, "the court was put on notice"? The remedy for improper service of a summons is a motion to quash. If you sent a letter to the court, it was ignored. Sounds like a default judgment was issued. If you want to challenge service now, your attorney would file a motion for relief from the judgment. These motions are usually granted. I would be pleased to talk to you about both this lawsuit and any other issues related to identity theft.

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Answered on 3/19/11, 1:04 am


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