Legal Question in Credit and Debt Law in California
Limited Civil Judgement help
I would Like to know how exactly do I go about filing a written motion to set aside default and default judgment. Is there a specific legal form ? SC-135 Is for small claims. Is there a form for a civil limited case? Or does my motion have to be typed in my own words along with my declaration ? Where can I find help on how to file this form (if there is one) properly, or how to write my own ? I have a judgement against me from company who purchased the debt from the original creditor. I was not properly served and can prove that I lived and worked in different city than the one they served me in.
2 Answers from Attorneys
Re: Limited Civil Judgement help
Aside from a declaration that you were not served, you would also have to show that you had a "meritorious defense" to the original lawsuit such as the statute of limitations had expired or that you did not owe the debt.
There is no specific form for a motion to set aside a default and default judgment as far as I know. You might want to get help from a lawyer, because you will only get one shot at the motion and if you mess up you will be stuck with the judgment for all time.
I Googled the search terms
http://www.saclaw.lib.ca.us/pages/relief-from-default.aspx .
That page lists many good resources that can be found at a law library (you can find a law library at a law school or at the county courthouse).
Good luck!
Re: Limited Civil Judgement help
In New York you would submit an affidavit explaining your meritorious cause of action, (or defense) and then explaining your reasonable excuse for the default.
If the amount involved is significant, I would not fool around. See an attorney.
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