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    jeroboam's Avatar
    jeroboam Posts: 2, Reputation: 1
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    #1

    Dec 16, 2008, 06:51 PM
    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.
    AskMeIKnow's Avatar
    AskMeIKnow Posts: 10, Reputation: 1
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    #2

    Dec 16, 2008, 07:17 PM

    Hi jeroboam! I am quoting from saclaw which provides for the following resources. Good luck!

    Samples of a "Notice of Motion to Set Aside Default and Default Judgment" and "Supporting Affidavits or Declarations" are available from these resources:

    * California Civil Procedure Before Trial, CEB, Volume 2, Chapter 38 (KFC995 .C34)

    * California Civil Practice: Procedure, West Group, Volume 4, Chapter 29 (KFC995 .A65)

    * California Pretrial Civil Procedure, Matthew Bender, Volume 3, Chapter 36 (KFC995 .M38)

    ------------------------------------------
    Click Here to Consult A Ca Lawyer
    jeroboam's Avatar
    jeroboam Posts: 2, Reputation: 1
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    #3

    Dec 17, 2008, 02:07 PM

    AskMeIKnow.. thanks for your quick response... I'll check these out.
    chuibaca's Avatar
    chuibaca Posts: 1, Reputation: 1
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    #4

    Jan 6, 2009, 11:38 AM
    Quote Originally Posted by AskMeIKnow View Post
    Hi jeroboam! I am quoting from saclaw which provides for the following resources. Good luck!

    Samples of a "Notice of Motion to Set Aside Default and Default Judgment" and "Supporting Affidavits or Declarations" are available from these resources:

    * California Civil Procedure Before Trial, CEB, Volume 2, Chapter 38 (KFC995 .C34)

    * California Civil Practice: Procedure, West Group, Volume 4, Chapter 29 (KFC995 .A65)

    * California Pretrial Civil Procedure, Matthew Bender, Volume 3, Chapter 36 (KFC995 .M38)

    ------------------------------------------
    Click Here to Consult A Ca Lawyer


    I'm in the same situation.. Which form do I use to do this?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Jan 7, 2009, 04:58 AM
    Hello chui:

    I'd just write a letter. The judge will accept it. Send it certified, return receipt requested, and send a copy to the other lawyer.

    excon
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