Form to set aside a default judgment
Background: We live in California, Solano County. We moved early this year (2008) a few houses down the street from our old house.
Recently, my wife received a letter from an attorney representing a company (Harvest Credit Management) to whom a credit card debt had been sold. The letter claimed that the firm had obtained a judgment against her and intended on garnishing her wages. My wife never received a summons in the mail nor was she served a summons in person.
Upon visiting the county court and doing some research I learned that the summons was served and accepted by a person residing at our old address who refused to give her name to the server and failed to forward the summons on to us.
The original debt was disputed two years ago with both the credit card company and its assignee, Harvest Management Company. It was subsequently disputed with both an attorney representing Harvest and a second attorney who obtained the default judgment. The dispute letters asked for verification of ownership of the debt and an accounting of how the disputed amount was determined. No information was forthcoming from Harvest or either of the attorneys retained by Harvest to collect the debt.
Based on the above my wife would like to file a notice to set aside the judgment. Is there a specific form that should be used for this?
Thanks.
