Legal Question in Credit and Debt Law in California

Judgement Against Me-I was never served

I was in dispute with a second party over a visa/mc machine I had obtained thru a company who was suppose to set up an account for me. I didn't use the machine for about 6 months, and when I went to use the machine, the bank had cone under. The company was willing to set me up again for another fee. I declined. The money for the machine was to go to another company who was taking it automatically out of my checking acct. I stopped this after they were double dipping. I tried to return the machine, nobody wanted it! They sent it to collections, I again tried to return it. Then an attorney(collection) wrote me and said a judgement had been entered against me and threatend to seize my assets. I have none except this machine. I requested a copy of this judgement as I had never been served with any legal papers. Now, my bank notifies me that they are taking any money from my bank account to satisfy this judgement

Can they take this money out of my PERSONAL Account when it was under a business account that is now closed? And...without me even knowing WHEN they went to court? They claimed they served Me. I wasn't or I would have gone to court! Any one want a Visa/MC Machine?????


Asked on 9/02/99, 2:16 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Judgement Against Me-I was never served

You need to have an attorney obtain a copy of the court file to find out how the judgment was obtained and then make a motion to set aside the judgment.

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Answered on 9/04/99, 1:45 pm


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