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pepsichallenge · Jan 3, 2009, 10:21 AM

I was sued for a loan that originated in CA, the claiment states on 9/31/04, which there is no such date (30 days in Sept) Anyrate, I live in FL now, claiment served my last residence in CA a few months ago. When I visited my son in CA I checked the records and see that the claiment got the default judgement. I filed a motion to vacate based on improper service and statute limitations (4 years in CA). Do I need to appear for this or can the judge make a decision based on the evidence without my presence?

JudyKayTee · Jan 3, 2009, 10:42 AM

Originally Posted by pepsichallenge

I was sued for a loan that originated in CA, the claiment states on 9/31/04, which there is no such date (30 days in Sept) Anyrate, I live in FL now, claiment served my last residence in CA a few months ago. When I visited my son in CA I checked the records and see that the claiment got the default judgement. I filed a motion to vacate based on improper service and statute limitations (4 years in CA). Do I need to appear for this or can the judge make a decision based on the evidence without my presence?

I would ask the Court Clerk - when you filed the motion to vacate didn't they give you a Court date? Sometimes the evidence stands on its own, sometimes not. Of course, once it's set aside it would be reserved and refiled - what is your defense?

I understand the date on the papers is a non-date but how is that date mentioned and I'm not sure that's a material flaw in the papers.

pepsichallenge · Jan 3, 2009, 10:45 AM

I mailed in the motion with a fee waiver. I live in FL. I claim in a declaration that I was improperly served. And when and if I am properly served, the claim will fall outside of the SOL.

JudyKayTee · Jan 3, 2009, 10:47 AM

Originally Posted by pepsichallenge

I mailed in the motion with a fee waiver. I live in FL. I claim in a declaration that I was improperly served. And when and if I am properly served, the claim will fall outside of the SOL.

The Statute on a written debt is 4 years in California, 5 years in Florida, I believe.

The papers were filed with the Court outside the Statute? It's not when they were served, it's when the papers were actually filed.

pepsichallenge · Jan 3, 2009, 10:57 AM

When I looked at the file at the court house in CA, it contained only the judgement. NO documents or witness testimony was in that file.

JudyKayTee · Jan 3, 2009, 11:00 AM

Originally Posted by pepsichallenge

When I looked at the file at the court house in CA, it contained only the judgement. NO documents or witness testimony was in that file.

So you don't know when it was filed or (allegedly) served or if there was permission to serve at a last known address?

pepsichallenge · Jan 3, 2009, 11:07 AM

After contact with my old landlord in CA after the case went to court, I was able to look at the order. The order suggested a loan made 9-31-04. I checked the court file and no evidence is in it. I filed a motion when I got back to FL.

pepsichallenge · It was filed 9-28-08

It was filed 9-28-08