Legal Question in Credit and Debt Law in California

Limited Civil Judgement

I recently found out that I have a judgement aginst me filed by a company who purchased the debt from the orginal creditor. I was never served any papers and it was filed in a county where I use to live at my parents house where I have not lived in over 2 years. I did some research and am confused. I would like to file a declaration and motion to vacate judgement. Can I do that even though this was not filed in small claims court? On the paper work (that i just recently discovered) Says that the action is a limited civil case and is less than 10,000 dollars. for a Contract Complaint.

Can I still use the the form SC-135 in file against this judgement ?


Asked on 12/24/06, 5:45 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Limited Civil Judgement

No. You will have to file a written motion to set aside default and default judgment. You'd also have to include a declaration explaining that you did not live at your parents' house at the time it purportedly was served. You should attach as exhibits true and correct copies of utility bills showing your address at that time and perhaps a photocopy of your driver's license (of course, whiting out a portion of the number for privacy reasons). You might take a look at California Code of Civil Procedure section 473(b). Do not wait to do this. There are strict time limits for bringing a motion.

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Answered on 12/24/06, 9:45 pm


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