Ask Me Help Desk - Abstract of judgment

I received an "Abstract of Judgment" limited civil and a lien notice from the county recorders office . The recording was requested by a collection agency for credit card debt. Nothing in particular was mentioned as having a lien on it , just a lien notice. This came about from the collection agency getting a default judgment on me without ever serving me any papers. (however they did file a fraudulent proof of substituted service). I have filed a motion to set aside the default judgment with an answer denying the debt. Hopefully it will be granted so I can fight the lying s.o.b.s. But what is the abstract of judgment and lien all about. I live in California. Thanks

Quote:

Originally Posted by 3357

I received an "Abstract of Judgment" limited civil and a lien notice from the county recorders office . The recording was requested by a collection agency for credit card debt. Nothing in particular was mentioned as having a lien on it , just a lien notice. This came about from the collection agency getting a default judgment on me without ever serving me any papers. (however they did file a fraudulent proof of substituted service). I have filed a motion to set aside the default judgment with an answer denying the debt. Hopefully it will be granted so i can fight the lieing s.o.b.s. But what is the abstract of judgment and lien all about. I live in California. Thanks

Straight from common law: "abstract of judgment n. a written summary of a judgment which states how much money the losing defendant owes to the person who won the lawsuit (judgment creditor), the rate of interest to be paid on the judgment amount, court costs, and any specific orders that the losing defendant (judgment debtor) must obey, which abstract is acknowledged and stamped so that it can be recorded and made official with the government. The purpose of an abstract of judgment is to create a public record and create a lien or claim if necessary on any real estate property owned or later acquired by the defendant located in the county in which the abstract of judgment is recorded. If the loser does not pay the judgment voluntarily then the winner can force a sheriff's sale of any property to collect. There are several problems: 1) to find the county where the loser owns real estate property; 2) the probability that there are secured loans, tax liens and/or other judgments that come ahead of the judgment lien; 3) the possibility that the loser/debtor may go bankrupt and avoid paying the debt"

What are the circumstances of the fraudulent affidavit of service?

Thanks for your response. But what I am not understanding is what is this lien on? Does it mean if I purchase real property in the future they can try to extract money from that somehow? The lien doesn't specify any thing in particular. I own a Mobile Home but its not considered real property so is it safe for now? And as well my other personal property?
The Default judgment was gotten buy either the process server falsifying the substituted proof of service or the lawyers doing so. I was never served and the "co occupant" they claim was served does not exist. Also I never received the summons in the mail that they claimed they mailed to me. Also the declaration of diligence has 1 attempted service listed that I know for a fact is a lie because I was here at that time.

Quote:

Originally Posted by 3357

Thanks for your response. But what I am not understanding is what is this lien on? Does it mean if I purchase real property in the future they can try to extract money from that somehow? The lien doesn't specify any thing in particular. I own a Mobile Home but its not considered real property so is it safe for now? And as well my other personal property?
The Default judgment was gotten buy either the process server falsifying the substituted proof of service or the lawyers doing so. I was never served and the "co occupant" they claim was served does not exist. Also I never received the summons in the mail that they claimed they mailed to me. Also the declaration of diligence has 1 attempted service listed that I know for a fact is a lie because I was here at that time.

I trust you will also argue insufficient or incomplete service -