Dealing with Judgment

Whattodo · 04-22-2008, 07:19 PM

Hi,

I was going to answer a summons I just found out about this past weekend, but I was infomed today by a clerk that a judgment has already been entered against me (so there no sense of filing an answer). I wondering what I should do? I thinking about calling the lawyer representing Cap 1 and trying to negotiate with them (the plantiff states Cap 1, but I see the name of a law firm on the top portion of the summons. If I'm able to settle, what do I need them to state so I can paid the amount and they not come after me anymore for the dept and have it deleted from my credit report? Any advice and words of wisdom would be greatly appreciate!

hannah · 04-22-2008, 07:41 PM

Quote:

Originally Posted by Whattodo

Hi,

I was going to answer a summons I just found out about this past weekend, but I was infomed today by a clerk that a judgment has already been entered against me (so there no sense of filing an answer). I wondering what I should do? I thinking about calling the lawyer representing Cap 1 and trying to negotiate with them (the plantiff states Cap 1, but I see the name of a law firm on the top portion of the summons. If I'm able to settle, what do I need them to state so I can paid the amount and they not come after me anymore for the dept and have it deleted from my credit report? Any advice and words of wisdom would be greatly appreciate!

When were you served? If never formally served, you have grounds to vacate the judgment.

Whattodo · 04-22-2008, 07:43 PM

The summons was left at my mother's house, which was my previous address. We both live in the state of CA.

Enigma · 04-22-2008, 07:45 PM

Didn't you ask this question in another forum?

rastoma · 04-22-2008, 08:12 PM

Quote:

Originally Posted by Enigma

Didn't you ask this question in another forum?

Yep he/she did

Please answer! Need options for Summons

rastoma · 04-22-2008, 08:14 PM

In your other thread, I read about a rule giving you a year AFTER a judgement has been entered to show that you did not receive the summons in a timely manner and you should be able to get the judgement vacated then that will give you another chance to answer the OC.

Enigma · 04-22-2008, 09:17 PM

Quote:

Originally Posted by rastoma

In your other thread, I read about a rule giving you a year AFTER a judgement has been entered to show that you did not receive the summons in a timely manner and you should be able to get the judgement vacated then that will give you another chance to answer the OC.

Not if the proper service was executed.

rastoma · 04-22-2008, 10:29 PM

Quote:

Originally Posted by Enigma

Not if the proper service was executed.

It says that if the summons was NOT delivered to the person being sued and the person being sued did not KNOW or GET the summons from the person it was actually served to, then once they actually know about the summons up to a year later, then the judgement can be thrown out if they can show they just were made aware of it.. and in this case it would be easy.

And this is even if the proper service was executed.

Whattodo · 04-23-2008, 01:52 PM

Thanks for the info. The rule you stated was out of NY. Where can I find out if there are rules like that in CA that would apply?

rastoma · 04-23-2008, 02:45 PM

Quote:

Originally Posted by Whattodo

Thanks for the info. The rule you stated was out of NY. Where can I find out if there are rules like that in CA that would apply?

Ahhh... well just trying to help. I did a search for California process laws and thought when I had read that it was for CA.

I did find something that may help regarding CA. Unless I'm reading this wrong, the law says that if the summons is left with someone other than you, then they mail a notice out too within 10 days of serving.

So maybe you can check and see if they have proof they mailed notice after leaving the summons with your mother. If they didn't maybe you can get a chance to answer it then:

415.20

1. In lieu of personal delivery of a copy of the summons and of the complaint to the person to be served as specified in Section 416.10, 416.20, 416. 30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and of the complaint during usual office hours in his or her office with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after such mailing.
2. If a copy of the summons and of the complaint cannot with reasonable diligence be personally delivered to the person to be served as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and of the complaint at such person’s dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing. (Amended by Stats. 1989, Ch. 1416, Sec. 15.)

Whattodo · 04-23-2008, 03:20 PM

Hey R,

That was terrific info. I'll have to go down to the courts and make sure they mailed a copy to my mom's house (she doesn't remember getting, but then she has a visual impairment and memory issues).

I found the civil proceeding laws and Section 416.90 which says:

A summons may be served on a person not otherwise specified
in this article by delivering a copy of the summons and of the
complaint to such person or to a person authorized by him to receive
service of process.

I wasn't quite sure how a person (defendant) would "authorized" another receive a summons on their behalf.

I also found out that I have 30 days after the clerk mails notice of the entry of judgment to file a motion to vacate, so something I'll have to keep in mind.