Legal Question in Credit and Debt Law in California

my wife and I were in court today and the judge issued a judgment against her. Here is the complaint, she was served the summons but I signed the credit card application with her name on it. I specifically told the judge this and yes it was fraud but again why did the judgment fall under her if there was no proof of contract or credit card statements, showed at court. Furthermore the bills went to another address so that contradicts what the judge said about it doesn't matter who signed it as long as you get the bill you had the opportunity to contest it. She couldn't because I hid it from her. Furthermore the Judge said FDCRA violations were not relevant to the case nor the improper POS because the summons was answered. I answered the summons for her and no where does it admit guilt. Furthermore a discovery was issued and no documents were furnished. What are my options appeal, re-trial, or motion to reconsider? Very ticked off at this judge. All cases were judgments against the debtor and believe the law was not followed and he was bias.


Asked on 6/18/14, 10:53 pm

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

I don't understand how you could file the answer for her? Are you an attorney? If you signed it you are practicing law without a license.

This may be a little sarcastic but what makes you think you understand FDCRA relevancy to a case more than he does? Unless your wife filed a counter suit under the FDCRA provisions for an offset, there is no relevancy. Proof of Service issues won't negate a judgment here.... You both appeared in court so there were no notice issues and the case was properly considered.

You state discovery was issued. Was it proper? And who did it? You or your wife?.if you signed it, again improper..... What did you want discovery for? You got the bills, you signed the application what was in dispute that you needed discovery?

You have no options. You were not named in the case, judgment is against her. She can consult with an attorney but appeals are not a retrial of the case. Instead of all the legal wrangling and saber rattling, paying the debt is the solution. You got the card, you ran it up in her name, if you had paid it and were honest you would not have her in hot water.

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Answered on 6/19/14, 6:29 am


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