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Apologies in advance, slight repost...default judgment and writ of execution has been issued help!


Beach Phoenix
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Another poster suggest I cut and paste some basic info here after posting on another thread. My apologiesif I am not supposed to do this, but I am really seeking input and advice.

DH and I just discovered he has 2 default judgments against him in our county court. We were absolutely

never served with a complaint in either case. We only found out about any sort of legal action against

him when we received a subpoena duces tecum from an attorney for Capital One asking to review our mortgage records. This was the first we knew there was legal action taking place. We successfully had the

subpoena withdrawn and (stupidly) thought this was the end of it (of course it wasn't). This was in 2011.

While doing something totally unrelated to court related issues, I just discovered a second default

judgment entered against DH in 2013. Once again, we were NEVER served. I was encouraged by another

poster to this site to see if I could get access to the Court records, and I was able to download

copies of the important documents for both cases tonight. In reviewing the latest judgment and register

of actions, I now see that a Writ of Execution has been filed in the second case. We are in no financial

position to accept either a levy of DH's bank account, or a garnishment of what is left of his wages, so I need to find a way to halt this until at least late next week which will be the earliest I can consult

with an attorney. In reviewing the proof of service for both of the complaints, I can tell with certainty

the proofs are a flat out lie - they indicate service upon someone in one of the cases who is not even the same race, and in the other case, they indicate substituted service was made upon a co-occupant of our

home on a date and at a time nobody but my child and I were home (and I can prove it) and the "co-occupant" they served was of the wrong sex.

Like most folks, DH and I have been through the ringer in the last 5 years (both lost jobs, almost lost

house, car repossessed, major health issues) and we ended up with debts we have not been able to repay. DH is still very ill, I am the primary caretaker for my 95 yr. old mother, and I still have a minor child

at home. I am spread quite thin, and need to maximize both my time and what few resources we have left

to keep us from losing everything.

I would like to know if I would be wasting my time if I stay up all night tonight to draft a Motion to

Vacate the Judgment in an effort to stay the Writ of Execution or if I am just wasting my time. I only

need to buy enough time until I can get an appointment with an attorney (which I suppose may or may not

do any good).

As always, TIA for reading this far, and for any guidance you can provide. (sorry about the formatting - when I tried to cut and paste from my other post, this is what I got)

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I suppose I should also include this list now too:

1. Who is the named plaintiff in the suit?

Unifund CCR Partners

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Kenosian & Miele

3. How much are you being sued for?

$6,000

4. Who is the original creditor? (if not the Plaintiff)

Citibank (I think?)

5. How do you know you are being sued? (You were served, right?)

Discovered Default Judgment after reviewing Court records prompted by an unrelated matter.

6. How were you served? (Mail, In person, Notice on door)

Never served with either Summons and Complaint or with Default Judgment papers.

7. Was the service legal as required by your state?

No.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

None.

9. What state and county do you live in?

California.

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

I think 2009.

11. What is the SOL on the debt?

4 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Default Judgment entered 8 months ago, Writ of Execution filed 3/27/14

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No.

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

Not applicable.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Not applicable.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

In reviewing the exhibits within the last hour or so (I ordered a copy of the docs online) it appears this debt has changed

hands more than 3 times before Unifund got it. These "bills of sale" were attached to the default judgment papers.

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