After their inability to work with me on a reduced payment schedule, a judgement was filed against me in CA June 2009 (I was out of state and didn't know of the hearing), the last case activity was July 2009. Apparently serving took place at former CA address via mail after I moved to MD.
Q1: Does this in any way constitute an error in proper serving?
Q2: Can a default judgement due to non-appearance in CA be enforced in AZ?
Currently a resident of AZ and on Sept 25th 2014 I was mailed a notice of Filing of Foreign Judgement from the June 19, 2009 entry from the CA courts.
Q3: Do the statute of limitations apply to state I reside in?
Q4: Do the creditors get to select what state laws suit their needs as far as attempts at collection and enforcement?
Arizona has enacted the Uniform Enforcement of Foreign Judgments Act, which allows a California judgment to be filed in Arizona, and to be easily enforced as an Arizona judgment. You have two defenses here, and you have some choice of law issues as well. You may have a defense to the California judgment based on insufficiency of service of process, since you were never served with a complaint or summons by a deputy sheriff or process server. That issue must be examined under California law. You may have a second defense based on the Arizona statute of limitations for collection of debts. Those statutes are 3 years on debts on account, 4 years on foreign judgments, and 6 years on written contracts. The way to attack this lawsuit is to hire an attorney, and the attorney should file a motion to set aside the judgment. The Arizona court would look at California law on the service issue, and would examine Arizona law on the statute of limitations issue. Chances are, your motion should be granted, and this judgment will not be enforced against you in Arizona. I would hire an Arizona attorney with knowledge of debt collection law ASAP.
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