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JUDGMENT FROM 2004


BroomHilda
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My son had a Judgment entered against him from 2004.  He recently found out about it a few months ago.. It took a while to get a copy of  the Lease (WHICH HE DID NOT SIGN) although, someone wrote his name in on the Lease, and a copy of the Judgment.   He was a hired musician who stayed with friends in this house.. He would drive home to Las Vegas where he resides.   The Affidavit of Service said he was served personally, which is not true.. It also said they served him Substituted by putting a copy of the Summons & Complaint on the door.   There was no way he could answer the Summons and Complaint, since he never knew about it.  He found out about this Judgment because the Sheriff in California removed thousands of dollars from his checking account plus fees.  The next day  the money was put back into his account.  

My question, can he file a Notice of Motion to Dismiss/Vacate the Judgment because he never knew about the Summons & Complaint.  If he did , he would have gone to Court on the date the hearing was originally held.  

How could they have a Judgment against him, when he never signed the Lease?

 

 

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I spoke with the attorney for the plaintiff, and that's what I asked him..  He told me my sons name was on the Lease.  I told him that wasn't my sons handwriting and he NEVER signed the Lease... (which I have a copy of, along with the Judgment) .  Attorney asked me what I was looking for.  I told him a Satisfaction of Judgment.  He said he would call his client and get back to me.   He never got  back to me.  I sent him numerous letters and finally the last letter I sent him was Certified Return Requesting, asking for the courtesy of a reply.  Again, he never answered.  

At this point, I'm not sure  if I should go to the Court to file a Motion to Dismiss/Vacate the Judgment.  

Again, I don't understand how the Judge signed this Order/Judgment without my son's signature on the Lease.  Also, the Affidavit of Service says he was served personally.. Which of course, he was not or he would have answered and been at the Court Hearing.   The Aff. of Service also said they served it  substituted service by leaving a copy  taped to the door.

My son was a hired musician out of Las Vegas.  He stayed at the house with the other musicians on weekends, maybe 4 days at a time but he always drove home to Vegas.   

I'm headed into California tomorrow and was thinking about going to the Court to file a Motion to Vacate..

Any thoughts?

Any help would be greatly appreciated..  

 

 

 

 

 

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54 minutes ago, BroomHilda said:

I spoke with the attorney for the plaintiff, and that's what I asked him..  He told me my sons name was on the Lease.  I told him that wasn't my sons handwriting and he NEVER signed the Lease... (which I have a copy of, along with the Judgment) .  Attorney asked me what I was looking for.  I told him a Satisfaction of Judgment.  He said he would call his client and get back to me.   He never got  back to me.  I sent him numerous letters and finally the last letter I sent him was Certified Return Requesting, asking for the courtesy of a reply.  Again, he never answered.  

At this point, I'm not sure  if I should go to the Court to file a Motion to Dismiss/Vacate the Judgment.  

Again, I don't understand how the Judge signed this Order/Judgment without my son's signature on the Lease.  Also, the Affidavit of Service says he was served personally.. Which of course, he was not or he would have answered and been at the Court Hearing.   The Aff. of Service also said they served it  substituted service by leaving a copy  taped to the door.

My son was a hired musician out of Las Vegas.  He stayed at the house with the other musicians on weekends, maybe 4 days at a time but he always drove home to Vegas.   

I'm headed into California tomorrow and was thinking about going to the Court to file a Motion to Vacate..

Any thoughts?

Any help would be greatly appreciated..  

 

 

 

 

 

If your son is of legal age and since he is the defendant, you aren't allowed to speak for him.   You definitely cannot sign motions.   He has to get an attorney or handle it himself.  The best thing for him to do is get an attorney.

I believe that judgments last for 10 years in CA, but they can be renewed.  He needs to find out if the judgment was renewed.

Hopefully,  @calawyer will have some advice.

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Your main argument must be that he was never served.  That he never was on the lease shows that he has a good defense to the case but does not help to vacate a judgment that has been around for so long.

 

Your son should consider hiring an attorney to do the motion to vacate.  There are a number of other issues that an attorney would want to investigate such as whether the judgment was renewed (judgments last only 10 years in California unless renewed (CCP § 683.020).  If you tell me what county the judgment is in, I may be able to recommend an attorney.

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