bohey Posted April 7, 2012 Report Posted April 7, 2012 This forum has helped a lot of people and I thank you.Today I received a notice of WAGE GARNISHMENT for a default judgment filed by @!*!H&H wherein @!*!H&H filed DJ AFTER I answered the Summons & Complaint timely. A little history ...@!*!H&H's Initial process service (of the S&C) was thrown in the bushes of my front yard where my kids and their friends found it some days later. I advised @!*!H&H of this in my initial ANSWER and I also told them the Credit Bureaus were currently investigating a claim of fraud which would impact this case.I asked in the meantime if they would please send me BOP so I could validate the alleged contract, etc. They sent me a few statements but nothing else; no copy of an agreement, no RFA, POD, ROGs or discovery, nothing. Of course, I replied stating the info they sent was inadequate and I could not determine the validity of any alleged account referenced (etc). I heard nothing else. About six months after the initial filing, I thought I should ask for advice here since I had not heard a thing and I was advised that @!*!H&H would not file DJ (considered in poor procedure) while a fraud investigation was in process; but, just in case, I should "check the court docket." I checked, and within a week, they filed a DJ! I received nothing! So, I wrote a "nice" letter as suggested and heard nothing more from them until a month or two ago when I received a phone call from a woman trying to find out where I worked. I have been investigating options to vacate the judgment in California (but CA is a weird state) and just THIS LAST WEEK I got some info RE: what to do and, of course, TODAY, I received notice of the WAGE GARNISHMENT in the mail which was sent to me from my EMPLOYER (in a far eastern state). The service enclosed was made via an Orange County (at least 300 miles away from me) process server! Why did I have to wait to get a copy from my employer! Maybe I should go look in the bushes... I remember CAlawyer said there was some procedure I could serve on the California court if they sent a wage garnishment. Anyone know of this?I am just all-around PO'd about the manner in which they have conducted business. I don't think I was served properly, (in the bushes in my front yard where any nosey person could see it, to my employer across the nation via a 300+ mile away process server), filing a DJ during a fraud investigation, no further proceedings, etc.Slime is not a BAD enough word...Help!
1stStep Posted April 7, 2012 Report Posted April 7, 2012 If you answered their complaint, did you do it 30 days or less after being served?? If not, then they filed for default and had it granted.Get a copy of the case file ASAP!
bohey Posted April 7, 2012 Author Report Posted April 7, 2012 If you answered their complaint, did you do it 30 days or less after being served?? If not, then they filed for default and had it granted.Get a copy of the case file ASAP!Thanks, even though it was in the bushes for a couple of days, I did file within 30 days. Do I need to go get case file at courthouse or can I get it online?
1stStep Posted April 7, 2012 Report Posted April 7, 2012 If it was in the bushes, then it seems to be improper service. Go to the courthouse and get a copy of the proof of service...You will probably need to file a motion to quash service - if that is granted, then the judgment is moot and the garnishment cannot proceed.
BTO429 Posted April 8, 2012 Report Posted April 8, 2012 (edited) They will just argue that they pu it on your door and the wind or the kids or for some other reason it ended up in the bushes.I would file a motion for review with the court and explain to the court in the motion that a fraud investigation was still in the process when a motion for dj was filed.I would also state that your answers were on time and that the Plaintiff mislead you by telling you they would not file until the investigation was completed.I would also argue that a default was not the proper judgment. And the fact that you were never notified of any other court dates that could have led to a default.Another thing, was a copy of the notice of claim attached to the summons?Look in your states rule of small claims and I bet there is a rule that states that a notice of the claim has to be attached to the summons.Go to the court clerks office and get a copy of the case file its self not the docket sheet, the docket sheet only lists a chronological summary of the case. The case file will give you the whole case.Post the case here and we can help you more. Edited April 8, 2012 by BTO429
calawyer Posted April 10, 2012 Report Posted April 10, 2012 Thanks, even though it was in the bushes for a couple of days, I did file within 30 days. Do I need to go get case file at courthouse or can I get it online?What do you mean when you say you "did file within 30 days". Did you file an answer with the Court? Was it rejected?
Guest usctrojanalum Posted April 10, 2012 Report Posted April 10, 2012 Something does not add up at all. Why in the world would the Court accept a default judgment if they had your answer on file?I think there are some details you are leaving out.
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