wch Posted December 4, 2002 Report Share Posted December 4, 2002 I just been served a Notice of Motion by Judgment Creditor that an Earnings Withholding Order, my question is can I still challenge the SOL CA laws? How can I buy more time at this point? Since I just Learn about this forum, NEED HELP ASAP (I feel so stupid and dumb for putting this off for so long)WCH Link to comment Share on other sites More sharing options...
Anonymous Posted December 5, 2002 Report Share Posted December 5, 2002 How long ago is the the account and where do you live? [Edit by jennyjen on Wednesday, December 4, 2002 @ 05:22 PM] Link to comment Share on other sites More sharing options...
admin Posted December 5, 2002 Report Share Posted December 5, 2002 Do you already have the judgment against you? It sounds like you do. If you do, were you served? If not, you may be able to get it vacated. Just supply us with more details and I'm sure someone will be able to help you out. Link to comment Share on other sites More sharing options...
wch Posted December 5, 2002 Author Report Share Posted December 5, 2002 Yes, I been served 2 times, each time when I call the court they told me the case is dismiss, and the collection agency and their attorney keep serve me a new notice of motion by judgment creditor with new court date, yesterday my wife been serve the same judgment paper at her work,(is this legal)This account is date back in 1991; the judgment was entered on March 1993 in California,Only now they want to garnish my wages.Can some one explain TENTATIVE RULINGS: Pursuant to Local Rule 3.04, the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing? To receive the tentative ruling call the department in which the matter is to be heard. If you do not call the court and the opposing part by 4:00 p.m. the court day before the hearing, no hearing will be held.Shall I call and set a hearing date?WCH Link to comment Share on other sites More sharing options...
calawyer Posted December 5, 2002 Report Share Posted December 5, 2002 In many states, the way to get a hearing with the Court is to file a motion. The motion is often accompanied by a brief setting forth the facts and the applicable law. The other side can file an opposition brief within the time limits and sometimes a reply brief is permitted. When there is a motion on file, some courts issue "tentative rulings". This means you call the court x days before the hearing and get a recorded ruling by the judge. If you don't like it, you usually have to call the Court and the opposing attorney(s) to tell them you plan to show up in court and contest the tentative ruling. If you don't place the call by the time set in the rule, the ruling may become final. Link to comment Share on other sites More sharing options...
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