Legal Question in Credit and Debt Law in California
Vacate Default Judgment
I have had a default judgment vacated, but the group sueing me continues to harrass me, they have taken me to a court 200 miles away from my home. I have written a certified letter to them demanding they refund the money the collecting by garnishment be returned to me and that the case be transferred to my city of residence. The certified letter was signed for, I have the green receipt, but they have ignored both reguests. There is now a court date for trail. There is supposed to be a trial without a jury? what can I do.
2 Answers from Attorneys
Re: Vacate Default Judgment
If you want a jury, notify the court in writing and post the initial jury fees within the number of days the law requires.
You could also move the court to withdraw the writ; provide a copy of the order setting aside to your employer and the sheriff.
Re: Vacate Default Judgment
If you win at trial, you will be entitled to all the money they collected from you. It is legal for them to hold onto any money they got from you before the court set aside the judgment. Once the judgment was set aside, it was an abuse of process for them to keep collecting money from you if that is what happened.
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