Legal Question in Civil Litigation in California
I sought help in July with a Debt Settlement firm , while out of town they left Message that I was going to have and action taken aginst me for a debt back in
Dec, 2003, which ended with a Writ of Execution money Judgment, my banking
account were frozen, when I called the law firm that was helping me with my debt
settlement what I should do, the said they would call me back which they didnt, they
wrote me a letter thanking me for chooseing there firm and the papers they sent didnt
match mine anymore.
I called the lawyer for the plaintiff to see what was going on.
Nothing she said made any since to me, so I have done some checking.
1). Wrong Judicial District plus I got a a signed Document pleadge under oath
that I resided in said Judicial District when commencement of said action.
When I went to the court to look up the court documents with the dates they had
on the papers they dont match and other peoples names are on them not mine
The Writ document that was filed isnt dated and a mans name is on it not mine.
The date of which judgment was imposed and intrest was to accure is the wrong
date and year.
I dont know if this means anything but the case # on the Writ is the case # from
the paper filed years ago, and the one she filed with the courts is not the # on
paper and the court has a differnt form of letter
I want to state that I do owe money and I want to take care of my responsabilys
that is why I sought help, but I truly feel by th actons of the firm who I sote help
is were she got my banking info and from than on nothing she does seems legal.
Because I didnt know about what a Writ can do I gave her info I thought would
help me, but now it can be uses aginst me on her going after personl proptey
now, I'm scared and dont know where to turn.
Thanking you in advane
1 Answer from Attorneys
You should have an attorney review the writ and judgment to see if it can be overturned, but even so it's likely they'll just get a new, valid one if you did indeed owe the debt.
You may also have a claim against the debt settlement company, which should also be reviewed by an attorney--these companies are starting to face class action lawsuits from customers with complaints similar to yours.
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