Legal Question in Credit and Debt Law in California
Judgement w/o valid proof of service
I have a credit card (Discover) judgement against me in which the proof of service is false. I was never served and didn't know this case existed until I looked it up on the ventura county superior court site. what can I do?
3 Answers from Attorneys
Re: Judgement w/o valid proof of service
Couple of questions:
1. Is the alleged debt a valid debt?
2. Is the amount that they have claimed a correct amount?
3. How much is the amount of the judgment plus interest?
4. How much is it worth to fight over, i.e., attorney's fees and court costs?
I would be happy to speak with you about the matter. I too live in Moorpark and office in Westlake Village.
Caleb
Re: Judgement w/o valid proof of service
You should immediately file a motion to set aside the default and default judgment (assuming you don't owe the debt, or it's too large). Then, if the court agrees, you can litigate the matter and perhaps have leverage to settle it or have the matter dismissed.
Re: Judgement w/o valid proof of service
You need to file a motion to set aside the judgment as soon as possible that includes a declaration under penalty of perjury to support your claim that you were not served. Until the judgment is set aside, the creditor can take any action it deems fit to collect the judgment. Call my office if you need assistance in filing this motion.