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?

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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?

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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.

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.

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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.

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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.

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.

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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.

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

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.

It was filed 9-28-08