My question involves collection proceedings in the State of: california
my wife and i started having problems in 2001. we had our house refinanced and she paid off all but one of her credit cards. we planned on refinancing again (after a "cooling off period" as recommended by our mortgage broker) to pay off all of my credit cards. a very common practice early in the decade. during the 2nd refi, i signed away the house to her so we could get a great rate (she was debt free) after all was done, she did not pay any of my cards and worse, gave all the money to her family overseas. she threatened me with divorce all the time. i ended up filing for divorce in 2004. (which ended up very bad for me)
to my point...i was getting legal notices all the time from her lawyer, my lawyer, the court etc. i answered and responded to all of them, i had to. it was during this time that a debt collector (cacv of colorado) allegedly served me. as i no longer lived at that address (and the vindictive woman who lived there was looking out to screw me at every turn) i was never served, and never informed of the service. about a month ago, i found a letter (2 years old now). it was from a "ventures" company in sacramento....it was a sheriff's notice to levy bank accounts. (they got nothing)
as i was never served, and going through a nasty divorce, always answered my legal notices, wife out to screw me...what would i have to do to be able to prove to the court that this default should be vacated for improper service or failure of service, and since it is well beyond the 4 year SOL, should it be dismissed without much fanfare?
can anyone help me out on this one? i have read many of posts here and many other places..none seem to fit, but i am sure it has happened to a lot of people. thanks