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ub32611 · Jan 15, 2010, 05:32 PM

My question is do I need to refilled court papers again to vacate a default judgment against me.

Today, 01/15/2010 I was in court to have a judgment vacated because I was never served. The judge granted the request and advised me to contact the collection company and work something out. So after my 6 hour drive home (I live in L.A. and the court is near San Francisco) I called the collection company and advised them what happen and asked if we can work something out. The person said we did not know about this and we are going to fight it out in court then they hang up on me.

Back Ground Info...
Dec. of 2009 I received a letter from my payroll department letting me know of a wage garnishment. I did some research and I filed a claim of exemption and filed a motion to vacate the judgment.
I sent the claim of exemption to the sheriff’s office and the vacate judgment to the court house and that was it. I showed up to the claim of exemption and had the order changed from 480 dollars a paycheck to 75 dollars a paycheck. Then today I showed up to the vacate judgment and was granted my request.

The amount they are asking for is almost 3000 dollars and so far 1300 dollars has come out of my paycheck.

Fr_Chuck · Jan 15, 2010, 06:19 PM

So they will merely refile for a new judgement, serve you and start all over?

ub32611 · Jan 15, 2010, 06:29 PM

I'm guessing they are going to file to have the judgment granted today over turned because I did not serve them. Do I have to wait for them to do this or can I file again?

Fr_Chuck · Jan 15, 2010, 06:37 PM

Merely have to wait to see if they file again, Next I would see who actually owns the debt, most likely not the collection agency and try and settle the debt with the actual owner of the debt

ub32611 · Jan 16, 2010, 02:15 PM

Does anyone know if there is a loophole for the following...

If a debt collector files papers saying they think I live in the county were the debt collectors office is and they had no proof of me living in that county, is there a law or something I can use to get the courts to transfer the case to my home county or even get the case dropped??

ScottGem · Jan 16, 2010, 02:17 PM

What ACTUALLY happened here? Did they get a judgment against you? Were you informed of the suit? Did you respond and appear at the hearing?

Fr_Chuck · Jan 16, 2010, 02:26 PM

Did you ever live at that address ?

Do you have proof you never lived there ? It is not as much them proving you lived there, but you would prove you never lived there by showing where you lived.

Did you get served, was there a hearing ?

ub32611 · Jan 16, 2010, 02:47 PM

Well this is tied in with the other question I asked on proof of service. Well here is the story in the short version…
1. I was never served with court papers from the debt collector.
2. I found out about this from my payroll department when a letter was sent to me letting me know about the wage garnishment
3. I filed a claim of exemption and motion to vacated the default judgment, the claim of exemption went to the sheriff's and the vacate went to the court house. I did not sent and proof of service to anyone.
4. I went to both court hearings and the debt collector was not there
5. I contacted the debt collector to work something out and he said I did not server them and they will fight it out in court and hanged up the phone on me.
6. I started thinking about the court papers that I got from the court house that was filed by the debt collector and I remembered it saying that they think I lived in that county. I can prove with a credit report showing I never lived in that county.

Fr_Chuck · Jan 16, 2010, 03:02 PM

Credit report does not prove you did not live someone,only that address never got listed, 1/2 of my addresses I LIVED at never show up on a report.

Can you prove by leases or rental agreements or home ownership, you lived somewhere else.

*** as moderator, stop asking new questions about similar and same subjects, we have to redig same info, Also just add to the existing question

Fr_Chuck · Jan 16, 2010, 03:04 PM

All posts merged together

ScottGem · Jan 16, 2010, 03:07 PM

Bottom line here is I don't believe you needed to advise the plaintiff of your motion to vacate. I believe that was up to the court.

Since you already were granted a motion to vacate then the issue of where they served you is moot.

ub32611 · Jan 16, 2010, 04:47 PM

Originally Posted by Fr_Chuck

credit report does not prove you did not live someone,only that address never got listed, 1/2 of my addresses I LIVED at never show up on a report.

Can you prove by leases or rental agreements or home ownership, you lived somewhere else.

*** as moderator, stop asking new questions about simular and same subjects, we have to redig same info, Also just add to the existing question

Let me do it this way, I lived at an address in tehachapi, ca (kern county) then I moved to a place in LA county. The debt collector has my old address in tehachapi but I have not lived at that address for about 2 years. The debt collector told me that sent letters to that address but got them back because the post office return them because the house was empty. The lawyer for the debt collector sent a summons to a place that I don't work at but I support. (I'm a computer tech for a bank and I cover lots of branches) so when I explain that to the judge, he granted the motion to vacate.

ScottGem · Jan 16, 2010, 05:22 PM

Originally Posted by ub32611

so when i explain that to the judge, he granted the motion to vacate.

I suspect he granted it not so much because of that but because they claimed you had been served. But that's neither here nor there. He granted it and the plaintiff now needs to refile.

So any additional issue with the motion to vacate is moot.