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Default Judgement but I never got a summons?

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Default Judgement but I never got a summons?

Postby efran » Thu Feb 02, 2012 4:33 pm

I found out that I had a default judgment in California against me in Dec of 2008. The default judgment entered against me was on Oct 2006. I was never served a summons to appear in court, I wasn't even living in the state! I called the legal clinic and I was told that I only have 2 years / 180 days from the time it was served to file a motion to vacate default judgment. Fast forward now Dec 2011 I receive a letter from the plaintiff (car finance company) stating to contact them to pay the judgment plus fee's and 10% compound interest. I paid a lawyer online to give me advice and he said that the 180 day/ 2 year rule does not apply to me because I was not located at the place where the summons was left.

I went to court records to see how they "served" me and the paper shows that "I" was served! - Not true at all again I was not living in the state. I filed a motion to vacate at the local courthouse and today was my court date. The judge threw out the case and the judgment remains. I tried to show him my Florida license that was issued to me 3 months prior to the service guy "claiming" he personally served me at a address that I used to live at. The judge did not want to hear it at all. He was more insulted that I was claiming that they did not serve me at all. He advised me to work out a payment plan with the plaintiff. Every time I tried to defend myself by telling him that I was not living in the state that it was not possible that they served me he kept saying "this is a professional service company that served you, young lady." This judge wants me to prove to him where I was on Aug 6, 2006 because my license of my legal residence is not good enough. The plaintiff knew that I was not living at the address where the summons was left. I know for a fact because when I viewed my credit report it showed the past 2 years of inquiries.

I am getting mixed information. What are my legal options?
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Default Judgement but I never got a summons?

Postby christos13 » Thu Feb 02, 2012 4:46 pm

Judges hate pro se people (someone without a lawyer) Some states are terrible about service requirements as well. Maine lets you be legally served if served at you last known address, employer whether or not you are there and by giving to your neighbor. In order to prove you were not there you must find something ideally proof you were at work that day in Florida. Lacking this you could try a lexus/nexus search to find out who else was served and see if any of them were not really served and file a suit for fraud. Judgments are generally good for 20 years and can be renewed. You could also chalk this up to the fact even had you been served gone to court you would have lost because there is no defense for not paying debt so in reality unless you could have paid the debt sooner you are not harmed
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