Skip to main content

Default Judgment was filed against me from a creditor about 3 years ago without me even knowing. What can I do?

Los Angeles, CA |

I just found out (through case search) that 2 of my creditors filed summons against me about 3 years ago without notifying me and got default judgments on me. The weird thing is I never received any type of document regarding this summon or judgment, and no wages were garnished or bank levied and etc. so I really had no idea. The most recent case summary says:
04/05/2013 * EFFECTIVE 05/06/2013
04/05/2013 * CASE RENUMBERED FROM DOWxxxxx TO NORxxxxx
10/26/2010 REQUEST FILED AND DEFAULT ENTERED OF (xxx my name) .
What can I do? (I'm not considering bankruptcy)

Attorney Answers 4

  1. if you are not considering a bankruptcy, about the only thing you can do is contact an attorney in each of the jurisdictions you were sued in and file to reopen the cases and vacate the judgements. Then you can relitigate the matters.

  2. If you do not owe the money and were not served with process, you can file a motion to vacate the defaults and default judgments. Then, you will have an opportunity to defend the lawsuits. Alternatively, you can settle-up with one or both creditors.

    I recommend that you consult and retain counsel to represent you either to negotiate settlements or file the appropriate motions. You will not be able to do either effectively yourself.

    While you are not considering BK, depending on your circumstances, that may be another viable option, or at least an option that can be used in your favor by your attorney to negotiate a favorable settlement. Good luck.

    SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon.<br> <br> Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us.<br> <br> The communications on this website are not privileged or confidential. I assume no duty to anyone by my participation on Avvo because I have answered or commented on a question. Specifically, I assume no duty to respond to any question, comment, telephone call, or email because of my participation.<br> <br> All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult an attorney licensed in the appropriate jurisdiction for advice and counsel. See, also, Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.<br>

  3. Judgments that are more than 2 years old are very very difficult to get set aside. Some would say impossible. Your only real options are to file BK (assuming you are otherwise qualified), settle the judgments, or wait our the 10 year period that judgments are good for.

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics