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heather7710 · Jul 25, 2012, 06:18 PM

I was sharing a house with a couple of other people in California, I moved out in July 2007 and some how even though I no longer resided there, and was never notified of the court case at all, the owner still got a judgement against me in Nov 2007. I had no idea I was even being sued or had been sued, I only found out that he had won a judgement against me through my credit check last week. I can prove that I was not living there at the time. Any advice on how to proceed ?

JudyKayTee · Jul 25, 2012, 06:21 PM

Originally Posted by heather7710

I was sharing a house with a couple of other people in California, I moved out in July 2007 and some how even though I no longer resided there, and was never notified of the court case at all, the owner still got a judgement against me in Nov 2007. I had no idea I was even being sued or had been sued, I only found out that he had won a judgement against me through my credit check last week. I can prove that I was not living there at the time. Any advice on how to proceed ?

Someone could have been served in your place and stead, accepted service for you. You need to look at the file and find out who/when/where was served. The fact that you didn't live there doesn't mean that there isn't an allegation you were served somewhere else OR someone was served "for" you.

ballengerb1 · Jul 25, 2012, 06:21 PM

Were you on a lease still in effect at the time of the suit? It really doesn't matter if you lived there or not, it matters only if you were on the lease, even a non-resident co-signer could be sued

AK lawyer · Jul 25, 2012, 09:16 PM

Originally Posted by ballengerb1

Were you on a lease still in effect at the time of the suit? It really doesn't matter if you lived there or not, it matters only if you were on the lease, even a non-resident co-signer could be sued

Here.

*Throws copy of Calfornia Code of Civil Procedure at Ballengerb*

Show me. It would be, I imagine, in Title 5, Chapter 4.

ScottGem · Jul 26, 2012, 04:01 AM

There are two issues here. One whether service was done properly. And it you check the link AK posted there are a variety of ways that service might have been done properly and you might not have been informed.. The other is whether they had a right to sue. To answer the second, we would need to know whether you moved out with proper notice and before a lease expired.