Legal Question in Credit and Debt Law in California
proof of service
about four years ago a proof of service was served to my grandma at residence when I did not reside. as a result a default judgment was filed against me. i had no idea that the judgement was filed against me until last Friday. and grand ma has no knowledge of being served by a process server. on the proof of service it states my grand ma was 60 at the time of service which is wrong she was 75 and it also states that she was a co tenant witch is also false because i did not live at her house. is the service valid and do i have grounds for dismissal since i was never given a fair chance to respond since i was never informed of a complaint. and what form do file? on a last note my grandma is going to write an affidavits stating she was never served she was 75 and I was not living at her resindence nor did she know where i was living or how to get a hold of me.
2 Answers from Attorneys
Re: proof of service
After six months the judicial standards to set aside a judgment becomes much harder. I usually only recommend that you do so if the amount of the judgment is high enough to justify the cost to set it aside, and you have a bona fide defense to the claim. Otherwise, if the judgment is set aside you may end up with a speedy trial resulting in another judgment all over again.
Re: proof of service
Usually, collectors will use the address that's listed with the DMV or on voter registration rolls. Also, they might use the address that you gave them when you signed up for the credit card.
There's probably little you could do to set aside the judgment at this point. If you owe some of the money, you might (or retain an attorney to) negotiate with the creditor for a payment plan or reduced lump sum payment.
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