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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?

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.

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Attorney answers 2

Posted

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 services to on or behalf of any person or any entity. Usage of the Avvo website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Herb Fox may not be privileged or confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.

Posted

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 general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.

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