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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 REASSIGNED TO THE NORWALK COURTHOUSE
04/05/2013 * CASE RENUMBERED FROM DOWxxxxx TO NORxxxxx
10/26/2010 REQUEST FILED AND DEFAULT ENTERED OF (xxx my name) .
DECLARATION UNDER 585.5 CCP, DECLARATION PURSUANT TO 587
CCP, MEMO OF COSTS, AND DECLARATION OF NON-MILITARY STATUS
FILED.
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.

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  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.

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