The Law Office of William J. Rose A California Consumer Law Practice Toll Free (877) 833-2852Get Help Now
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(877) 8 Debt Law
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WAGES GARNISHED?
BANK ACCOUNT LEVIED?
DEFAULT JUDGEMENT AGAINST YOU?
IF YOU WERE NEVER SERVED, the judgment can be set aside, but you should act now ! You may lose your rights if you delay.
If a debt collector has garnished your wages or taken money from your bank account, they have a judgment against you. If you were never served with the summons and complaint, the judgment can be set aside for lack of valid service.
You can attack the judgment by filing a motion in court to set it aside on the grounds that you were never given proper notice of the lawsuit and thus were deprived of your "day in court" to dispute the claims against you.
What constitutes valid service?
Under California law, a plaintiff must provide each defendant with notice of a lawsuit either by "personal service" or "substitute service" of a summons and complaint.
Personal Service. A copy of the summons and complaint is handed to the defendant in person. Substitute Service. A copy of the summons and complaint is handed to (1) an adult occupant of the defendant's residence; or, (2) an adult who appears to be in control of the defendant's place of business or place of employment, including a receptionist or clerk at a private mailbox service. .
When substitute service is made, a copy of the summons and complaint must also be mailed to the defendant.Non-Service a Common Practice. One of the greatest injustices in the law is taking a default judgment without giving the consumer notice that a lawsuit has been filed, and, thus, an opportunity to defend the case. It is a shameful and greedy perversion of the basic principles of fairness and due process. That said, it is a common practice. The number of our clients who have found out about a judgment only when their wages were garnished or their bank accounts levied; or, who found out after they were denied a loan because the judgment appeared on their credit report, suggests that non-service is less an honest mistake than an intentional tactic to gain unfair advantage.If you find that there is a judgment against you, you must take immediate action or you may damage your ability to set it aside. While a judgment based on non-service is void, the older a case gets, the more reluctance judges exhibit to set it aside and re-open an old case, so you must act now.
If you'd like to discuss your options, please call me at:(877) 8 Debt Law
(877) 833 2852
There is no charge for the consultation.Your truly,
Bill Rose
William J. Rose
Consumer Attorney
310-551-0110
[My direct line]
Our client said:
"Thank you Mr. Rose. I am grateful for your superb knowledge of California law."
- F.P.
Copyright 2009 The Law Office of William J Rose: Debt settlement California. All rights reserved.
