Legal Question in Credit and Debt Law in California
I just received a letter stating there is a judgment against me concerning an apartment I cosigned for my sister. My sister never told me my name was involved in this litigation. Moreover, she never even told me she had failed to pay her rent or that she was being sued for it until May of this year. The day she called and told me was to see if she could borrow money (the full amount required to stop her wages being garnished), and as a matter of fact, could I please deposit it directly to the account in litigation. Like I said, she never mentioned that my name was in it until I received the letter. What are my options and rights? Is there something I can do to get my name out of it?
2 Answers from Attorneys
If this is truly the first time you had heard of the lawsuit, that means that you were not served the Summons and Complaint. When was the judgment entered against you? You may be able to file a petition to over turn the default judgment. You will need to speak with an attorney to determine your chances of success.
If you co signed, you are probably contractually liable as a guarantor.you won't just get your name off this...I agree you can't have a valid judgment without valid service
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