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What form would I file to vacate judgment civil suit $3000 in Calif? Form SC135 was incorrect since it is civil. Never served.

Asked over 2 years ago - California
Bankruptcy Debt Collection Filing for Bankruptcy Lawsuits Sued for Debt

I was never served. The plaintiff falsely claimed that they had served me by using a fictitious name and description. The court is requiring that I file a form pertaining to this case, but I am not sure which form to submit. I was advised of a small claims (SC135) form but the court clerk said that is not the correct form for a civil suit judgment.

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Attorney answers (1)

Avvo Pro

Reputation Level 13
Answered about 2 years ago. Debt Collection Attorney in San Jose, CA.
You need to file a Motion to Set Aside Default. This is not a California Judicial Council form. You will likely need the help of an attorney to get the default set aside.
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