Legal Question in Credit and Debt Law in California
debt collector
A debt collection comapny filed a complaint in Los Angeles for just under 10k and I didn't become aware of it until almost 2 months later when it was too late to respond because the filed document copies were mailed to an address I have never lived at. Is this legal? What can I do at this point?
2 Answers from Attorneys
Re: debt collector
Lack of service would be a grounds for setting aside the judgment. You do have to fight this in the California court system though. You might want to check with the California lawyer who responded re: how much of this could be done by your affidavit vs. your personal appearance.
Re: debt collector
Usually default judgments can be set aside. The practice of suing people hundreds or thousands of miles from where they live is called "distant forum abuse." I take cases like yours for a reasonable fixed fee. But you must file a motion to set aside the judgment immediately (up to six months after the judgment was entered).
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