I'm a new attorney and I have taken on a collections matter as a favor to a friend. I'm hoping an attorney with knowledge of California Civil Procedure might lend me their insight.
My client had his identity stolen and a bank that issued a credit card to the thief sued my client. My client was never served as the bank served a person unknown to my client at the fraudster's address. A default and default judgment were entered against my client. An assignee of the judgment found my client a year later and put a lien on his home (his actual home).
Anyway, after some lengthy and contentious negotiations, I convinced the bank of both the fraud and the failure to obtain jurisdiction over my client through proper service and the bank/assignee agreed to stipulate to vacating the judgment. So I typed the stip, sent it to them and they signed it and sent it back. I was simply going to sign the thing and file it with the court.
But we've never appeared in this case. I'm going to send in a stipulation signed by their attorney and by me, but I am unrecognizable to the court and the proceeding.
So I'm thinking I would file a notice of special appearance but I'm not really sure what that entails. My practice guides suggest that it's often used to argue that personal jurisdiction was not obtained and that's the case here, but we really want nothing more than to make an appearance to say "here we are and he's my attorney" and then file the stipulation vacating the judgment.
This is a little embarassing because you'd think an attorney would know this but I'll be honest, I've been at this part-time for 6 months and I'm comfortable with the law but I'm FREAKING BAFFLED by procedure.
For the record, I suppose the plaintiff could waive the judgment but I feel like they've done more than they were predisposed to do already and I don't want to go back to them signed stip in hand and ask them now to move on their own to accomplish the same goal. If that makes any sense. If any of this does.