How do I stop a wage garnishment and file an appeal on a judgement that I don't owe? Can I be sued for a seller carry back?

Asked over 2 years ago - San Francisco, CA

Found out about a lawsuit and judgement against me when my employer mailed me a copy of the garnishment order. The service on file with the courts was to an elementary school. It's not my home or place of employment. Upon reading the case filed the facts are incorrect. They sued for a default going back to 2008 though I have receipts and the check copies to prove otherwise. The case was based on a seller carry back on a house that was foreclosed 30 days after this settlement. The seller claims her note was first in line on the property, but it was not. The bank was first. This is only 3 of the mis-statements I have paperwork to prove it. What can I do? Especially to stop the garnishment.? If I file an exemption, is that agreeing to the judgement? She succeeded in keeping me out of court.

Attorney answers (2)

  1. Herb Fox

    Contributor Level 16


    Lawyer agrees

    Answered . If you were never served and did not appear in the case, your remedy is not an appeal. Instead, you will likely need to file a motion to vacate the judgment for extrinsic fraud. I recommend that you consult with a litigation attorney as soon as possible for a full assessment and advice.

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . If you were never served with the summons and complaint, you need to file a motion to set aside default and to vacate default judgment pursuant to Code of Civil Procedure section 473.5.

    Your remedy is not an appeal, nor should you file a Claim of Exemption with the sheriff (which would not challenge the judgment itself).

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more

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Wage garnishment

Wage garnishment is the process whereby your employer sends part of your paycheck directly to your creditor in order to pay off your debt.

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