Makani Posted November 26, 2004 Report Share Posted November 26, 2004 ...where I can find one of these, along with a sample so I can figure out how to fill it out?My story in a nutshell is this: Lawyers for Asset Acceptance served me at work with a complaint stating that I owe over $10,000 (including interest and costs) on a Providian account. I called the courthouse to find out how much it would cost to file an answer: too much. It took me more than 30 days to find the money. When I went in to file my answer, the clerk said that a entry of default had been made two days before. She referred me to legal aid. I was told I needed to file three things: a motion to set aside the judgment, a declaration (stating that I am not a resident of the county in which the court is located), and a motion to quash (basically stating, "no you can't sue me in this county's court since I am not a resident"). Whew! The nice woman at Legal Aid provided me with the first two, but said I would have to find the third at the law library. Of course, the volume I need to see has been checked out by a lawyer, so it's not available! Under "relief from judgments & orders" I found an entry for "personal jurisdiction, complaint based on lack of" and the number is 489.441Can any of the amazing people on this board point me to a place where I can find this form? PS: I'm brand new to this board, and I've only been reading posts for a week or so, but it is obvious to me that there is hope after financial disaster. This information is incredible! Link to comment Share on other sites More sharing options...
quepasoksl Posted November 27, 2004 Report Share Posted November 27, 2004 I think that the motion to quash would be filed against an affidavit (if they filed one) stating that you owed the debt, something like that. The motion to set aside or vacate would be where you'd state they sued you in the wrong county. I don't live in CA so I can't give you any examples with case references to use. Hopefully someone else will jump in and be able to help you. Good luck! Link to comment Share on other sites More sharing options...
hoapres Posted November 28, 2004 Report Share Posted November 28, 2004 I am not a lawyer, but probably what you need to do is : 1. File a motion to set aside default judgment as you failed to file an answer or other responsive pleading.2. File a motion to change venue assuming the motion to set aside default judgment is successful as the Plaintiff may have filed in the wrong county. Read the original complaint to determine the venue grounds for the current court.You may be able to have the 2 motions above heard at the same court date. Read the local court rules for notice requirements.A motion to quash is for improper service. You were properly served as the papers were personally handled to you.Surprising to say the least that the law library would allow a form book to be checked out, usually lawyers make copies at the law library. Link to comment Share on other sites More sharing options...
Guest Posted November 28, 2004 Report Share Posted November 28, 2004 You also need to make sure to remember to file a countersuit for violations of the FDCPA once your suit is vacated and if they file again.Or you could go after them yourself..Remember.. most states will have a Venue issue in their trial procedures that you are supposed to be sued in the county in which you live most of the time.Check all those out and good luck Link to comment Share on other sites More sharing options...
Makani Posted November 28, 2004 Author Report Share Posted November 28, 2004 ...I will file the declaration and the motion to set aside only, right?The declaration will state my current address, which is in a different county. The motion to set aside will state that the plaintiff is attempting to sue me in the wrong county. (It is interesting to me that their complaint states not only that "this court is the proper court because the defendant lives here now - untrue, but also that "this is the county in which the defendant resided at the commencement of the aforementioned action - also untrue.)Just trying to doublecheck... I just know they are going to file wage garnishment papers, and I don't want to mess around with that! This is all very messy, as I am moving to Oregon at the end of December and don't want to have to come all the way back here to appear in court. As far as a countersuit goes, I feel very ill-equipped to handle this successfully. Honestly, I'm really scared. I have visions of my tax refund being jerked in the spring. That is the only time of year when there is money to fix the car, give the cat a checkup, and buy a video game for my kid. Don't laugh, but I've never even seen a copy of my credit report. Collection notices have gone in the trash, as it's been all I can do to make enough to pay the basics. I consider internet service our one luxury! I know I'm getting too old to stick my head in the sand, and with life changing due to a better job in a new place, it's time to face the unpleasantness and deal with the whole credit thing.Think it's too late to send a DV letter to Asset? Should I provide them with my future address? Won't they be able to find it anyway eventually?Thanks for all the advice! Link to comment Share on other sites More sharing options...
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