Hi all, Vince here from California. I'm in a bit of a sticky situation and I am begging
For any advices. My bank account was froze over the weekend because the sheriff
dept. has levied it. I did not know why until I dug around. I was named as one of the
Defendants (the other two defendants are my mother and brother) in lawsuit back
In Jan 3, 2007. We were services by substitution, and the guy left the paper with my
Sister at our residence. The whole case revolves around an ex-gf of my brother who
Is suing for money that she loaned to him back in 2002. My mother and I was involved
Because the ex-gf had sent the money to my brother through our bank account via checks.
My mother passed the paper on to my deadbeat brother to take care of the situation since it
Was his "debt." I was kept in the dark because my mother thought I already had too much
To worry about already, working two full time jobs and all (still am).

Well, nobody showed up at the appointed date and we lost by default. The notice of
Judgement was sent to my house and my mother didn't even know what it was so
She paid no mind (thinking it was just another claim!). We moved towards the end
Of January 2007 and so we missed the Notice of Levy that was sent around early
Feb. according to the Sheriff Dept.

I want to dispute this default judgement because I felt it was unfair. I know ignorance
Is not a good excuse in the eyes of the law but my mother and I should not
Have even been dragged into this case to begin with. I just want another chance at
A hearing so we can state our case. Since it is currently April, and the notice of judgement was
Passed on Jan. 3; would it be too late to file for a motion to vacate a judgement after the 30 days
Limit has passed?

FIle with the court Motion to Quash the levy, Third party claim against the funds in the account. Your can look up the code online in the California law library.

By filing the Motion in the court this will delay the removal of any funds. Request a hearing on the matter , and be there on that date. Bring proof o the ownership of the funds in the account.

Quote:

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Originally Posted by mr.yet

FIle with the court Motion to Quash the levy, Third party claim against the funds in the account. Your can look up the code online in the california law library.

By filing the Motion in the court this will delay the removal of any funds. Request a hearing on the matter , and be there on that date. Bring proof o the ownership of the funds in the account.

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Mr. Yet, thank you for the prompt reply. Due to my limited knowledge of the law
May I kindly ask for some clarification if you have some time?
My first course of action should be to file a motion to squash the levy and request a hearing
On the matter. Is third party claim a separate action or that is my reason for squashing the levy?
(I looked up third party claim and this is all I got: An interest or share in property
That has been taken by order of a court.)

Update: They also levied my mother's account and are starting the process of
Garnishing her wages. I won't be surprise if they'll show up at my workplaces today
Also. Do I have to do anything about the wage garnishment also or just dispute everything
During the hearing? Do we have to file separately or singularly since we
Were slapped with the same judgment?

I'm sorry for all the extra questions but I do thank you for you time; I appreciate it.

Read this link it may help.
Joinder of Parties & Claims