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Filed a motion to vacate judgment court hearing in place to stop bank account levy and levy on bank safe deposit box

San Francisco, CA |

.. I do not have a lawyer, I cannot afford one, an the legal aid clinics know about this case but find it too complicated to take on.
Please help with what an "order" should look like.
I would like the judge to vacate the judgment because the plaintiff won the judgment by saying I was served. I was never served, nor did I know about this lawsuit until my bank was levied and some one else's safe deposit box is levied because my name is on it so I am considered co owner of the box.
the checking account is levied in San Francisco however the safe deposit box is levied with contra costa sheriff's office. My bank only told me to go to SF sheriff's office.
I do not owe the debt.
It is a civil case
judgment is near 13,000
Please help

Attorney Answers 1

Posted

There is no single form, because the facts vary by each case. Your posting does not state how long it has been since the default judgment was entered, how and when you first learned about the judgment, where service was performed and your relationship (if any) to that address at the time of service. That is why the Judicial Council has no form to make setting aside a bogus default judgment, because the facts can vary so widely. I also suggest that you attached to your motion documentation showing that this was not served at a valid address or that you were not personally served.

I think that for such a large judgment, you ought to hire counsel to do this for you, preferably an attorney who regularly defends consumers in debt collection lawsuits. You may be pleasantly surprised, if you contact the attorney that they are not as costly as you had imagined. My concern is that if you lose your motion, then you will owe $13,000, less credits from your bank box.

Robert Stempler (please see DISCLAIMER below)
www.StopCollectionLawsuits.com
Twitter: @RStempler

NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Stempler that is confidential, please go to www.StopCollectionLawsuits.com and submit a free eCase Review. The result portrayed for a client was dependent on the facts of that case. Results will differ if based on different facts. The Firm and Mr. Stempler are a debt relief agency. The Firm and Mr. Stempler help people file for bankruptcy relief under the Bankruptcy Code.

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