Can You Sue in Small Claims To Overturn Judgements

**kwest10** · 02-24-2008, 05:21 PM

I know people can sue collection agency's to overturn judgments and collections but can this be done in small claims?
Some shady company says I owe impound fees for a car that is no longer mine. This in in California if that helps.

**CourtClerk** · 02-24-2008, 05:51 PM

If you have an existing judgment, you cannot sue to overturn a judgment, you can make a motion to vacate, but that needs to be done in the same venue in which the original judgment was made.

As for the rest of your question, you're unclear.

**kwest10** · 02-24-2008, 11:53 PM

this all relates to this

http://www.expertlaw.com/forums/showthread.php?t=25811

basically can I have a small claims court judge order the collections company to dismiss their collections claim against me?
When I went active duty a lot of my paperwork got lost...including the release of liability I had on the car. I went to the DMV office and they even said I was NOT the owner at the time the company towed and impounded said car in question. I've been writing to CA DMV HQ but it's slow going and they still have not located my records. The local field office cannot release the information to me as to who was the owner is/was at the time in question since I WASN'T that person. So I was declined a job and do not want to buy a home right now since my credit report has this collection on it.