Legal Question in Credit and Debt Law in California

I recently had a judgment filed against me in los angeles county, the judgement put a levy on my bank accounts and the creditors are threatening to garnish 25% gross of my pay check. I work in sports broadcasting and I am on the road 10-11 months straight thru the year. The judgment states that I was served 11/15/2008 and it is filed on the final court papers, however I was out of town on this date and I have bank statements, flight info, even production books showing that I was in colorado at the time of supposed summons.

I realize that I have a fighting chance to get this judgement set aside. I am flying home to visit the court and try and fix this situation. My question is what do I have to file to get a judge to hear my case? a motion to quash or motion to set aside judgement? Where do I get these forms to do it? or do I have to speak to the clerk and have the judge see me first? I am not afraid of fighting this case and am willing to accept responsibility for my past credit cards but I never had a chance to even fight.


Asked on 7/22/10, 12:47 pm

1 Answer from Attorneys

You need to file a motion to both quash and set aside. This is not a "forms" matter. This is also not something to be handled by an amateur player. You're up against pro linebackers and you are going to get sacked into the ground if you don't hire a pro offensive line to protect you. In other words, call a lawyer.

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Answered on 7/22/10, 5:31 pm


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