Legal Question in Credit and Debt Law in California
Not personally served - Need to have judgement set aside. I live out of state.
I was sued in Orange County California in 1992/1993 and was never
personally served. I have a photo copy of the Proof of Service, that
clearly shows the address to be that of an apartment, I have never lived at.
The address was an acquaintance's of mine. She let me stay there for 2
weeks, over 10 years ago, when I first moved to California. She, in
fact, has not lived there in over 10 years.
At the time this company sued me, I was a registered driver, receiving
paychecks, filing taxes, etc. etc. I was not that difficult to find.
Prior to the commencement of this, I had even just requested and
received an update to my credit report, which listed my current address.
The bottom line is that I was not made aware of this case until after
it was settled, without my knowledge. The same attorney that couldn't
find me to personally serve me, suddenly found me when he began trying
to collect the judgment, court/legal costs and interest, now totaling
almost $50,000.00
My date of discovery is 4/10/2005, which is when I received the first
collection letter. This is also the time I began relocating to Chicago
to take care of my dad, who is dying from Lou Gehrig's disease. I was
told I had 6 months
1 Answer from Attorneys
Re: Not personally served - Need to have judgement set aside. I live out of sta
A motion must be made to quash service. Call me directly at (619) 222-3504.