Sign in to follow this  
PGinPS

Default judgment but missing documents

Recommended Posts

I am in Calif.  A collection service sued me (2010) and got a default judgment (unpaid HOA fees). Yes, I know, I should have attended the hearing. Water under the bridge now.

I believe they do not have the original contract/CCRs with my signature. It was not attached to the complaint. Also I believe they do not have the assignment from the HOA showing they now own the debt and have the right to collect.

It is long past any statute of limitations to have it vacated, I think. What are my options at this point? Must I sue them to get them to produce these documents?

Thank you for your input.

Share this post


Link to post
Share on other sites

no, the time to ask for those documents what when they sued you.  Your options at this point would be 1. pay the judgement.  2.  Negotiate a lesser payment with them. or 3. keep quite, wait it out, and hide your $ so if they try to come after it, they can't get  to it.  I'm not sure how long judgments are good for in cali, but usually 10 to 20 years in most states.

Share this post


Link to post
Share on other sites
7 hours ago, PGinPS said:

I believe they do not have the original contract/CCRs with my signature. It was not attached to the complaint. Also I believe they do not have the assignment from the HOA showing they now own the debt and have the right to collect.

WAY WAY too late to question any of that.  The time to defend this was when it went to court.  You cannot challenge any of that now that you let them get a default judgment.  

7 hours ago, PGinPS said:

Must I sue them to get them to produce these documents?

They don't have to produce ANYTHING now.  By allowing the default judgment you essentially said the debt was yours and you owed it.

 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this