Legal Question in Credit and Debt Law in California

judgement by default for debt

An attorney claims that they served me a summons regarding a debt on 12/02 at my home. I was never served. On 3/03 the creditor I owe sent me a letter stating their attorney served me a summons on 12/02. I wrote a letter to the creditor explaining I never recieved that summons, and that their lawyer was lying to send me a copy of my signature, proof of my signature that I recieved the summons personally. The copy of the summons shows it was served on 12/02 and filed, but no signature of mine. Is it legal for an attorney to say that they served someone if they really didn't? I had no legal oppurtunity to dispute. I do have 30 day correct? But if I never recieved the summons or had no knowledge until three months later how can that be legal? What ended up happening was by the time the creditor sent me a copy of the summons the date to appear in court already passed. So I assume that the attorney won by default, is that correct? Doesn't a judgement once made have to me mailed out to me and the creditor or attorney? At this point I have a judgement showing on my credit. I want to get rid of the debt. Can't I just call the creditor and pay it??


Asked on 10/07/08, 3:11 am

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: judgement by default for debt

You can just call the judgment creditor and pay the jugment plus accrued interest, filed costs and filed attorney fees. The judgment creditor is legally required to file an Acknowledgment of Satisfaction of Judgment with the court. Since you had notice of the lawsuit in 2003 and waited until 2008 to raise the issue of service it is probably too late to do anything about it now. The Code of Civil Procedure gives you 2 years to set aside a judgment for lack of service.

Is it legal? It is irrelevant whether it is legal or not as you waited too long to ask that question. The law rewards those who are diligent in enforcing their rights over those who sit upon their rights.

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Answered on 10/07/08, 5:36 am


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