What happen once I win claim of exemption. Can i counter sue the creditor in small claims

Asked about 1 year ago - Marina Del Rey, CA

my idenitiy was stolen and I waiting for police report one I get this I would like to sue to get the judgement lifted and as well as have my money returned. It is old debt

Attorney answers (3)

  1. Richard Scott Lysle

    Contributor Level 17

    1

    Lawyer agrees

    Answered . A Claim of Exemption has nothing to do with Identity Theft. If the judgment was entered against you, you cannot vacate the judgment by filing a Claim of Exemption. You must file a motion to vacate the judgment or a motion to quash service.

    You have a statutory right to sue a debt collector if there has been ID theft. However, there are a number of things that you must do first. You will need the assistance of an attorney.

    Do not waste time or make a mistake which could compromise your legal rights. consult an attorney today.

  2. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    Answered . A claim of exemption only addresses the issue of whether you can exempt assets seized in a levy or garnishment from being used to satisfy a judgment.

    Identify theft issues go to the merits of the judgment. That would have to be addressed if you were able to set aside the judgment.

    You need to sit down with a lawyer experienced in these issues right away.

  3. Malik W. Ahmad

    Pro

    Contributor Level 13

    Answered . The other two attorneys had given you excellent advise. You have a more complex matter, and need to vacate the judgment against you. Typically, they are called Motion 60 (B) judgment in many locations i.e. Motion to Vacate Judgment. You can mention inadvertence, official reliance, fraud and many other matters, and again within 6 months to get it vacated. You should definitely see an attorney in this regard.
    Malik
    http://www.fastbankruptcynevada.com

    Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation.... more

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