Legal Question in Credit and Debt Law in California
My wife received a threat call she will have her driving license on hold for bad debt from person who claimed to have purchased this bad credit judgment all while she was completely unaware she was involved in. Looked like the quietly sued her and won and now the collectors is adding more a memorandum of collection cost. this case was in hearing 2010 and they agreed to drop case, by court doc i looked up 4-1- 2011 she reentered court doc and one default judgment- what can be done to protect and reverse such action she was never served even unaware she had court date?
1 Answer from Attorneys
If your wife was not properly served with the summons and complaint, she should be able to have the court set aside the judgment. This would require a motion before the trial court where the judgment was issued.
The threat about your wife's driver's license may be a violation of debt collection laws, though I do not know enough about your situation to say. If there is a violation, you wife may have a claim against the person issuing the threat.
In any event, your wife needs to speak to a lawyer. You do not want to take a chance that the motion to set aside the judgment fails for technicalities, or for failure to present proof that you did not know you had to present. The lawyer may also be able to help you pursue any claim your wife has against the person threatening to have your wife's license put on hold.
You should be able to find counsel through your local bar association, or here at LawGuru.
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