Legal Question in Credit and Debt Law in California
If a company files a lawsuit in small claims court and you are never served with notice, how can they say you did not show up for the court date when you did not get notice of the court date?
I can see how they would win if you did not show up to defend yourself, but I was not given notice.
Asked on 11/25/09, 12:13 am
1 Answer from Attorneys
Melvin C. Belli
The Belli Law Firm
You need to make a motion under Cal Code Civil Procedure 473 to get the judgment vacated based on the lack of notice. Obviously if you were not notified then they shouldn't be able to get a judgment against you.
Good luck and hope this helps
Answered on 11/30/09, 1:10 am
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