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Can I appeal a court decision that was entered because I couldn't attend due to getting the wrong court date

I live in CA. I got a car in 2000 and it was a lemon. About 18 months later i did a voluntary repo and the car was sold at auction leaving me about 2500.00 left to pay. I was sued by the loan company in 2002 and lost the case and never heard from them again until about a month ago when they started garnishing my wages at 25 %. I tried to make arrangements and they denied them. I submitted a writ of exemption to show I couldn't afford a garnishment of that much and the loan company denied it and I was sent a court date for a judge to decide if the amount being garnished was fair or not. Well the letter i received with the court date on it had the wrong date. I took off from work w/o pay and showed up to court early on Oct. 3 which was the date on the letter only to find out the actual court date was for Sept 30. The location was even wrong on the letter I received. I did everything right and now I will have to try to get the decision overturned because I was given incorrect info. It could take another month to get another date and my checks are still going to be garnished while i am waiting. What can I do? Was this illegal? I think i was given the wrong date and location on purpose. I will now be facing eviction and possibly loose my job because of this. What can I do?

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Attorney answers (2)

Reputation Level 6
You should be able to appeal, but time is of the essence. It appears that there was a denial of due process in that you were not given the correct date and location for the hearing. If you fail to act within the time required to file your notice of appeal, you may be barred from appealing. You should immediately contact a lawyer (or your local legal aid society, if you cannot afford a lawyer).
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Reputation Level 10
The only possible option is to file an ex parte application for a stay of enforcement pending the outcome of your request for an exemption. The ex parte application, however, is somewhat of a complicated process, especially in drafting. I'm afraid that if you cannot afford a lawyer, you're just going to have wait for the judicial process to take its course.

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