Legal Question in Civil Litigation in California

Default judgment over 2 years old

I have a default judgment against an individual for apprxo. 20,000. It was entered in 1997. The individual was sub served and defaulted. We did a prove up and the judgment was issued in our favor. He fled the state and I turned the collection over to another attorney in that state. He has now filed a motion to vacate the domesticated judgment on service. My attorney that did the action is deceased. Can he argue deficient service this late?


Asked on 10/15/04, 10:55 pm

3 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Default judgment over 2 years old

Sure, they can challenge service. Just prove service. You may contact me.

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Answered on 10/16/04, 4:01 am
Larry Rothman Larry Rothman & Associates

Re: Default judgment over 2 years old

He could try to argue lack of service, but with a licensed process server, it would be hard to defeat. We can help you oppose the motion which has to be opposed or a court may grant it.

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Answered on 10/16/04, 9:32 am
Terry A. Nelson Nelson & Lawless

Re: Default judgment over 2 years old

He can do anything he likes. Winning is another story. You have to oppose the motion and defend your judgment. Hire counsel immediately to do so if you don't know how. Contact me if interested.

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Answered on 10/16/04, 2:59 pm


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