caramia1225

Need to file two motions in CA. Need help with template and procedure.

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Hi All,

 

I posted in another thread about my situation ( http://www.creditinfocenter.com/community/topic/325111-improper-service-and-lack-of-personal-jurisdication-defenses-in-ca/) . In a nut shell, my husband has been named as a defendant in a copyright case in CA and we reside in FL. He has not answered the complaint because we were separated and he was unaware of the case. Therefore, since he did not answer he has been found in default and there is a hearing scheduled to get a default judgement in a couple of weeks. I do not have funds to pay an attorney, however, I have gotten some legal advice on what I need to do and need assistance in carrying it out.

 

1) I must file a motion with the California court to first set aside the default. As it was explained to me, since the process server just dropped the papers in my mailbox at this point we can challenge the service as improper even though this is listed as his legal residence. My understanding is that at this point, his not answering can still be considered " excusable neglect" and we can at least get the default set aside. So, I have fought cases in FL, but know nothing about CA procedures or how I can get a properly formatted template to file in CA for this, or even exactly what I need to say.

 

2) After succeeding in getting the default set aside, then we can file a motion to dismiss based on lack of personal jurisdiction which should be pretty black and white. Thing is, same as above, I need assistance on CA procedures and getting a proper template and perhaps even case law? Not sure.

 

If anyone can assist with this, or even offer contacts to a free legal service that may be able to help with the paperwork that would really be invaluable at this time. In a bad spot financially but MUST get this done. Thanks All

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After re-reading your initial thread at,

http://www.creditinfocenter.com/community/topic/325111-improper-service-and-lack-of-personal-jurisdication-defenses-in-ca/

and, reading today's news that you and your husband are back in communication and up to speed on this, effective this morning,

and, noticing you wrote you just lost your job last week and say now your finances do not reach to cover an attorney,

my very best advice, if your husband is literate in English and able to logon, is to just hand the matter over to him, and let him hire the attorney, or, self-defend as he sees fit.

Then, square away withdrawing the money from the accounts, paying with money orders, or, in-person, (like at the Target, Best Buy, etc Customer Service counters), in cash.

Even future payroll checks can be cashed, e.g., Chase will cash a non-account holder's presented Chase check of $400.00 for $6.00, and your unemployment checks, (in California, again, where I am), can be tied to a savings account & ATM card at BofA...

That part someone mentioned earlier about them going back in time over the finances is something I wanted to mention, too. Please, excuse me for not making time to mention it straight away. You don't want to be a part of all that mess.

According to what you have published, you have made your way in the world for many months now. You have proven to yourself that you are capable and competent. You are empowered.

Best of success to you in your endeavors, and, best of success to your newly re encountered husband in handling his legal and personal affairs like any responsible adult.

When the best is done, the best is felt, and, the best is deserved.

Warmly,

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Guest usctrojanalum

I'm still at a loss how you can file something with the California Court when you are not a named party and not an attorney.

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I'm still at a loss how you can file something with the California Court when you are not a named party and not an attorney.

I wrote in my thread that I am in touch with my husband so it will be filed by him. I am just the one with more experience with these things so I am doing it. I just really need advise / assistance on how to get the two objectives above done. I appreciate the encouragement but the courts do not care about my empowerment and there is no room for emotions here. I just need to get a job done. Thanks so much to you guys for responding.

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