Legal Question in Employment Law in California

The EDD filed a lawsuit against me a number of years ago. I was never served with noticiation of the hearing and it went into default judgement for an overpayment. I'm not disputing the overpayment, however I want to see if the judgement can be dismissed due to not being served at all. If I can't have the judgement dismissed, how long can the EDD continue to try to garnish my wages with this judgement? I don't have the finances to re-pay this in anyway. Thanks.


Asked on 9/16/10, 2:53 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Not by any action you could take in court. You only had 6 months to set aside a default judgment. Now your option is to negotiate some payoff deal that includes either a Stipulation to Set Aside the judgment, or the normal of them entering a satisfaction of judgment, in return for payment of some agreed amount. With their judgment, they can seize any of your assets and income they can find.

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Answered on 9/21/10, 4:52 pm


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