Legal Question in Credit and Debt Law in California
What is the requirement for service of a civil law suit
I recently received notification that a default judgement had been entered AGAINST me from a creditor. I never received ANY notification on the filing of the law suit so I could not appear in court. I went to the court clerk and found the ''Proof of Service'' which shows that it was mailed to me. Since I did not receive that notice do I have the right to get the judge to reconsider the judgement against me and change the actions taken by the creditor which were a garnishment and levy on my bank account?
1 Answer from Attorneys
Re: What is the requirement for service of a civil law suit
Generally a plaintiff is not allowed to serve a defendant only by mail; he or she must have at least attempted to have the lawsuit personally delivered to you. If you were not properly served and did not receive actual notice that there was a lawsuit against you, then you may be able to request the court to quash the garnishment on your bank account and vacate the judgment. You will have to act quickly, though, since the Sheriff will only hold on to the money taken from your bank accout for a short while before they turn it over to the creditor, and the court will not listen to your request to vacate the judgment if you wait too long.
Feel free to contact me if you need help, and if you're in the Southern California area.
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