Legal Question in Civil Litigation in California
$25,000 was taken from my corporate account and a judgement against the corporation and myself were entered without me being served. The proof of service was to a corporate suite that was not a corporate address.
4 Answers from Attorneys
It sounds like there is a default judgment which can be set aside because the defendant was not served. I can think of several reasons why that might not be the case, though.
You should speak with a lawyer ASAP in order to protect your rights. Corporations can only appear in court through an attorney. An attorney can bring a motion on the corporation's behalf to set aside the default and the resulting default judgment. Now that you know what happened, though, you only have a limited time in which to bring a motion. You will also get only one shot at it, so it is important to make sure the motion is handled correctly.
Finally, you should understand that setting aside the default and the default judgment does not mean the corporation will win the case. Instead, it will have to defend the case just as it would have earlier had it been served properly. In the end, the plaintiff might still win. The business might then be hit with a higher judgment, in addition to the attorney fees and costs it will have incurred along the way.
Please feel free to contact me directly if you want to discuss your situation in more detail
The Court case file should be studied and a motion to set aside judgment filed right away.
You need to speak to an attorney as soon as possible. Because this involves a corporation, this is something that you cannot do yourself, as the corporation will need an attorney. Don't let this go too long, as there are time limitations on setting aside default judgments.
With good cause, as you appear to claim, you can file a Motion to Set Aside Judgment within no more than 6 months from notice of entry of judgment. If serious about hiring counsel to do so, feel free to contact me. The clock is running.
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