My account was levied The credit card debt is from 2002 and I was never served any papers

Asked over 1 year ago - Inglewood, CA

I didn't get any notification or docs. What type of lawyer do I need and do you have any recommendations

Attorney answers (3)

  1. Robert Harlan Stempler

    Contributor Level 19


    Lawyer agrees

    Answered . I have a list of options below for people who first learn of a default judgment after the fact, without proper service of the summons and complaint. For example, promptly hiring a debt collection defense attorney, who can prepare and file a motion (with supporting affidavits) to ask the court to set aside the default, which motion would prevent the default judgment from being enforced, if the motion is granted. If denied, there are still other options, but typically the defendant/debtor gets only one shot at trying to set aside a default judgment. The older the default judgment, the more difficult it will be to set aside.

    Setting aside a default judgment can also get the judgment deleted from your credit reports. One other option, that I have helped several clients with and is less expensive, is simply to try to settle the judgment and have the Plaintiff's attorney file a Satisfaction of Judgment in Full, which would make the judgment officially paid and no longer enforceable.

    Robert Stempler (please see DISCLAIMER below)
    Twitter: @RStempler

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more
  2. James Carl Eschen III

    Contributor Level 16


    Lawyer agrees

    Answered . If you want to get the judgment set aside, don't tarry. The court will want to see that you acted diligently after learning of the judgment.

  3. Michael J. Ireland

    Contributor Level 12


    Lawyer agrees

    Answered . You need a debt collection defense attorney pronto.

    Sewer service (throwing the service in the sewer and lying on the Proof of Service) is not unheard of (I am fighting such a case right now in Ventura County). However, you need to ACT QUICKLY to protect your rights. The judge is going to want an explanation why you are coming to court now to set aside an apparently old judgment.

    The process to set aside a default is not terribly complicated, but you should balance the amount of the judgment with the cost of a competent, local debt collection defense attorney to assist you. If the judgment is over $5,000, I would recommend paying for an attorney for sure.

    Good luck.

    If you need further clarity, please email me at MICHAEL@MIRELAND.US Answers to questions are for general... more

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