LIVNLEARN Posted November 10, 2019 Report Share Posted November 10, 2019 Hello, So glad I found this site. Is it too late to fight? 2 x improperly served and the actual complaint looks so very flimsy! Nut shelling : Employee of Cavalry who attests to having direct control and immediate supervision of data, also admits that it was accidentally destroyed or otherwise lost. ( not so good at his job ..eh?) But he also attests in a separate declaration- that he is familiar with files. To me, it seems like they are saying - hey we are suing you because we loaned you money but we lost the agreement saying we loaned you money so we guess you must owe us. They use the "fact" that they gave us money to support the claim that we must have violated an agreement. The agreement is the subject of the lawsuit. I learned of a Default Judgment, and of the attached lien, in June '19 while attempting a refi. Went to courthouse and read process server had allegedly personally served my ex husband at my house in '09. However, we seperated in '06 and he lived and worked 200 miles away. Kids and I were gone that weekend which I can verify. Additionally, I ran a licensed daycare and have state docs (interviews, declarations etc) confirming he did not live or visit at the house. He denies getting served. He was, however, legally served for a different lawsuit at his place one month prior to the "personal service" which tells me it was not difficult to get the correct address for him. I notice the 10 years is almost up. So, Im paying attention as the lien is on my house he failed to deed me. Fast forward to last week, after noticing Cavalry made an inquiry on my exes credit report ( which had all recent addresses correct and dated) I checked Court file and sure enough, the application, memorandum of costs and notice for renewal was entered. Yet again, notice was sent to a 5 year old old address. Luckily (?) Those kind folks mailed it back to Winn Law Group. Still... the clock is ticking because I do not know enough to think this bad service stops the clock. So - as I formulate my Motion to vacate renewal ? or Motion to vacate judgement? Im thinking... General Denial Not my debt Cannot provide proof and admitted that they cannot Improperly served I think it has to be very strong to get our foot in the door when it comes to a renewal. But I dont know.. Any ideas would be greatly appreciated. The clock runs out tuesday ( it was extended 3 days because Court and county lost power) maybe getting a declaration from the woman who mailed " all his mail back to sender - Not at Address" would help shine the light on the tactics they employ to cover for lack of evidence. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted November 10, 2019 Report Share Posted November 10, 2019 9 hours ago, LIVNLEARN said: Is it too late to fight? Yes. They already have a judgment. The time to try the case was before they got the default judgment. You have known about the judgment for several years so you cannot have it vacated based upon the poor service and not knowing it ever existed. 9 hours ago, LIVNLEARN said: Fast forward to last week, after noticing Cavalry made an inquiry on my exes credit report ( which had all recent addresses correct and dated) I checked Court file and sure enough, the application, memorandum of costs and notice for renewal was entered. Yet again, notice was sent to a 5 year old old address. Luckily (?) Those kind folks mailed it back to Winn Law Group. Still... the clock is ticking because I do not know enough to think this bad service stops the clock. I don't believe it does but could be wrong. The notice of renewal is merely that. As long as Cavalry filed timely to renew the court will grant it. 9 hours ago, LIVNLEARN said: So - as I formulate my Motion to vacate renewal ? or Motion to vacate judgement? Im thinking... General Denial Not my debt Cannot provide proof and admitted that they cannot Improperly served Those are all defenses for BEFORE judgment. Not at renewal. 9 hours ago, LIVNLEARN said: Any ideas would be greatly appreciated. Consult a consumer attorney. If there is any chance of getting beyond this without paying or keeping the lien they will know. Odds are not in your favor though. Quote Link to comment Share on other sites More sharing options...
LIVNLEARN Posted November 11, 2019 Author Report Share Posted November 11, 2019 Thank You for responding @Clydesmom ! I was basing my hope on the following code As I understood the code, It's a second chance at a fair fight. Just to clarify, I did not know about the judgement until nearly 10 years later or i would have obviously done things differently. The judgement is not against me so I was not affected/alerted until the refi. California Code of Civil procedures ARTICLE 2. Renewal of Judgments [683.110 - 683.220] 683.170.(a) The renewal of a judgment pursuant to this article may be vacated on any ground that would be a defense to an action on the judgment, including the ground that the amount of the renewed judgment as entered pursuant to this article is incorrect, and shall be vacated if the application for renewal was filed within five years from the time the judgment was previously renewed under this article. (b) Not later than 30 days after service of the notice of renewal pursuant to Section 683.160, the judgment debtor may apply by noticed motion under this section for an order of the court vacating the renewal of the judgment. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail. (c) Upon the hearing of the motion, the renewal may be ordered vacated upon any ground provided in subdivision (a), and another and different renewal may be entered, including, but not limited to, the renewal of the judgment in a different amount if the decision of the court is that the judgment creditor is entitled to renewal in a different amount. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted November 11, 2019 Report Share Posted November 11, 2019 20 minutes ago, LIVNLEARN said: The judgement is not against me Im paying attention as the lien is on my house he failed to deed me. Then you have no standing in the matter and cannot file motions regarding the judgment renewal. If the problem is the judgment creates a lien on property you own your issue is with your ex and you will have to deal with them. Unfortunately if he was still listed as a legal owner at the time of the judgment then they can attach a lien to the property. Consult a consumer attorney ASAP as this is much more complicated than a simple judgment renewal if it is not against you personally. 2 Quote Link to comment Share on other sites More sharing options...
RyanEX Posted November 11, 2019 Report Share Posted November 11, 2019 Agree. Consult an attorney. If you feel you can prove your husband wouldn't have been there when they claimed they personally served him, you might have something; but an attorney would know best. In case you can't, you may have to consider making a deal with them and paying off the judgment thru your refi, if you have enough equity to cover it. Quote Link to comment Share on other sites More sharing options...
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