Legal Question in Credit and Debt Law in California

Judicial Lien from credit card debt incurred as a minor

I just found out that a judicial lien has been levied against my home. The debt is a result of a joint credit card account. However, at the time the account was opened and the charges incurred I was a minor. The other person on the account (who was an adult at the time)is legally bankrupt. From what I can tell, the debt collector served process properly. This is the first I've heard of the process because I have moved from the old address listed on the credit card company's file and did not leave a forwarding address. Is there any way I can have this judgement against me vacated even though it was obtained by default? Does my defense carry any weight?


Asked on 10/22/03, 1:38 pm

4 Answers from Attorneys
Siamak Pishvaee Pishvaee & Bavar

Re: Judicial Lien from credit card debt incurred as a minor

california code ccp 473 allows upto 2 years for no/improper service to be set aside. If judgment is over two years old you are stuck. Also if you cancel the contract upon reaching majoprity you cannot have that as a defense.

Read more
Answered on 10/23/03, 1:17 pm
Larry Rothman Larry Rothman & Associates

Re: Judicial Lien from credit card debt incurred as a minor

You may be able to get the jdugmetn set aside. Please set up an appointment with me so I can review your documentation and provide you with consultation.

Read more
Answered on 10/22/03, 4:20 pm
Larry Rothman Larry Rothman & Associates

Re: Judicial Lien from credit card debt incurred as a minor

You may be able to get the judgment set aside. Please set up an appointment with me so I can review your documentation and provide you with consultation.

Read more
Answered on 10/22/03, 4:20 pm
Reza Bavar PISHVAEE & BAVAR

Re: Judicial Lien from credit card debt incurred as a minor

These types of cases are actually quite typical. Many people have default judgments entered against them even though they were never actually properly served. You may want to get a copy of the "Service of Process" to see who was actually served. . . there have been cases where people have been registered as having been served, but were never in fact served.

Your defense seems to rest on whether or not service was proper. Based on your facts it doesn't appear to have been.

If you need further assistance please feel free to contact my office-- 310-444-3020.

Read more
Answered on 10/23/03, 12:26 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California