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Sued by Equable Ascent Financial


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Can anyone help with some guidance.  I've been reading some of your interactions in this section and was hoping I could post a question myself. Last Thursday a fairly large sum of money was placed on hold in my personal checking account. When I inquired as to what it was, I was given a phone number to a law firm in San Diego named Patenaude & Felix. I called and spoke to an agent who said they represented another company, Equable Ascent Financial Hilco who had been awarded a judgement against me in 2010 for a credit card that I defaulted on. I don't recall defaulting on any credit card and nobody can tell me which credit card company they bought the debt from. They emailed me court documents which say they have a judgement against me from 2010, but the judgment looks like its too Equable Ascent Financial Hilco and on one of the court documents looks like they got a judgement from 2010, but it was awarded to them on 5/6/2016. The second document giving them the right to freeze my accounts is dated 6/2/2016.  I don't recall ever being served, but they said I obviously was.  Moreover, I called Wells Fargo and they said they're releasing the funds to Patenaude & Felix on Monday 6/13/2016. Is there anything anyone can recommend I do to beat this or at least them from taking the funds long enough so I can figure out if it's actually legit?

Appreciate any help or advice anyone can offer.

Thanks you.

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I don't know how to go about stopping a levy, unfortunately. Maybe there is a thread that covers this, I'll try searching the boards. @Seadragon
 might have some useful info..

In the meantime, @fletcher, get yourself a copy of the original complaint/summons (you may able to download it), it should have more information regarding the original account they allege you defaulted on. You may be able to determine if this was a card of yours or a case of mistaken identity or fraud.

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A few links worth looking at:






Certain types of income are exempt from a levy. Don't know if fletcher's account would qualify, but maybe there's some gray area there where they could file a Claim of Exemptions and at least buy some time? If there's no other option? Just an idea.


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2 hours ago, sadinca said:

for what ive been reading, OP might be able to delay the levy if he/she can prove that (s)he was not properly served.

They can have the judgment set aside, though I don't know what the timetable is like for that.





A default judgment may be set aside or vacated by the court at the request of a party:

If a motion to do so is made within six months of the entry of default or dismissal, if the default or dismissal was the result of the party's "mistake, inadvertence, surprise, or excusable neglect"...

Examples of mistake, inadvertence, surprise, or excusable neglect include:

- Illness of defendant

- Attorney's abandonment of client

- Fraud of the plaintiff



Fraud of the plaintiff   >>>>> faulty/fraudulent service


Looks like the motion would be written up on pleading paper. Looking for sample of what that language looks like, in the meantime there is this: http://www.courts.ca.gov/partners/documents/blankn.o.m.6months.pdf

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