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Received a Lien Notice from Court, never received Summons

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  • 08-21-2006, 10:23 AM
    carrots
    Received a Lien Notice from Court, never received Summons
    Received a Lien Notice from Court, but never received a Summons or notification to appear in court. I live in California. This is regarding a credit card debt from 2 years back. Please let me know how I can tell the court that I never received the summons (not deliverd to me, I didn't sign it). BTW, I have no properties or any money in the bank accounts. The lien doesn't say anything about wage garnishment. Is that a separate lien? Thanks for your help.
  • 08-21-2006, 10:43 AM
    Clair Bonner
    Re: Received a Lien Notice from Court, never received Summons
    Quote:

    Quoting carrots
    View Post
    Received a Lien Notice from Court, but never received a Summons or notification to appear in court. I live in California. This is regarding a credit card debt from 2 years back. Please let me know how I can tell the court that I never received the summons (not deliverd to me, I didn't sign it). BTW, I have no properties or any money in the bank accounts. The lien doesn't say anything about wage garnishment. Is that a separate lien? Thanks for your help.

    If you moved after your debt was incurred, then the creditor probably (most likely) had the Summons published in a newspaper nearest to where you used to live. Since you didn't see, or respond to the published Summons, the creditor undoubtedly entered your Default. You don't have to sign for a Summons and Complaint. All that needs to be done is to somehow deliver the Summons and Complaint, in a manner that will best give you Notice. In this instance, it was probably done by publication.

    As far as the lien is concerned, I have no idea what that means especially if you own no real estate. Have you spoken to a local attorney about this?
  • 08-21-2006, 11:00 AM
    carrots
    Re: Received a Lien Notice from Court, never received Summons
    Thanks Clair Bonner. Is there a separate lien for wage garnishment. All this one said was "LIEN NOTICE". Since I don't have any properties I only care about my wages.
  • 08-21-2006, 11:21 AM
    Clair Bonner
    Re: Received a Lien Notice from Court, never received Summons
    Quote:

    Quoting carrots
    View Post
    Thanks Clair Bonner. Is there a separate lien for wage garnishment. All this one said was "LIEN NOTICE". Since I don't have any properties I only care about my wages.

    Please tell me your State name. Please tell me the State name where the debt was incurred. What is the total amount being claimed? What is the exact wording of the Notice of Lien? What is the date of the Notice of Lien? What is the court, and its location?

    Answer these questions, and then I can better respond to your questions.
  • 08-21-2006, 01:17 PM
    Clair Bonner
    Re: Received a Lien Notice from Court, never received Summons
    Will you be answering my questions today or tomorrow?
  • 08-21-2006, 04:42 PM
    carrots
    Re: Received a Lien Notice from Court, never received Summons
    Thanks again, Clair Bonner.

    State Name: California
    Debt was incurred in: California
    Total amount: $9000
    Date of the Notice of Lien: July 17, 2006
    Name of the court: The Orange County Superior Court

    Thanks


    Please tell me your State name. Please tell me the State name where the debt was incurred. What is the total amount being claimed? What is the exact wording of the Notice of Lien? What is the date of the Notice of Lien? What is the court, and its location?

    Answer these questions, and then I can better respond to your questions.
  • 08-21-2006, 05:30 PM
    Clair Bonner
    Re: Received a Lien Notice from Court, never received Summons
    carrots;50737]Thanks again, Clair Bonner.

    State Name: California
    Debt was incurred in: California
    Total amount: $9000
    Date of the Notice of Lien: July 17, 2006
    Name of the court: The Orange County Superior Court

    Thanks


    Please tell me your State name. Please tell me the State name where the debt was incurred. What is the total amount being claimed? What is the exact wording of the Notice of Lien? What is the date of the Notice of Lien? What is the court, and its location?

    Answer these questions, and then I can better respond to your questions.[/QUOTE]
  • 08-21-2006, 06:25 PM
    carrots
    Re: Received a Lien Notice from Court, never received Summons
    Wording on the flier:
    Notice of Involuntary Lien
    Pursuant to Government code section 27297.5 you are hereby notified that a document (copy enclosed), which may be a lien against your real property has been recorded in the court.

    In the other document, all I see on first page is:
    LIEN NOTICE (Large letters)
    Abstract of Judgement
    Title of Document

    Second page:
    Attorney for is checked
    Judgement crditor is checked

    There is no other wording other than the judgement amount and dates. You can see this form in pdf format at the following link:
    http://www.courtinfo.ca.gov/forms/fillable/ej001.pdf
  • 08-21-2006, 06:39 PM
    Clair Bonner
    Re: Received a Lien Notice from Court, never received Summons
    Quote:

    Quoting carrots
    View Post
    Wording on the flier:
    Notice of Involuntary Lien
    Pursuant to Government code section 27297.5 you are hereby notified that a document (copy enclosed), which may be a lien against your real property has been recorded in the court.

    In the other document, all I see on first page is:
    LIEN NOTICE (Large letters)
    Abstract of Judgement
    Title of Document

    Second page:
    Attorney for is checked
    Judgement crditor is checked

    There is no other wording other than the judgement amount and dates. You can see this form in pdf format at the following link:
    http://www.courtinfo.ca.gov/forms/fillable/ej001.pdf


    All that is is a Small Claims Court "ABSTRACT OF JUDGMENT—CIVIL". It does NOT say "Notice of Lien". Either you have pointed me to the wrong form, or something else is incorrect. The jurisdictional limit of Small Claims court in California is $5,000.00 (maximum), but you said they have a judgment against you in the sum of $9,000.00. So, unless the creditor is giving up $4,000.00, then something is very wrong with what you're saying. The creditor can use their "Abstract" to go after anything you own, from Real Estate, to vehicles, to bank accounts, to garnishment of wages, etc. The judgment is good for 10 years, and renewable every 10 years thereafter. But, like I said, something is very wrong with your story.

    Take all of your papers and get a face-to-face consultation with a local attorney. That attorney may be able to have the judgement set aside, but you only have a very narrow window within which to do that.
  • 08-21-2006, 06:47 PM
    carrots
    Re: Received a Lien Notice from Court, never received Summons
    Thanks for the quick response, does the $5000 include any penalties or fees. Can a small claims court issue a judgement of $5000 plus interest fees etc. The pdf form link I directed to you is exactly the same that I received (filled out of course), the flier was attached to it (a small white printed paper with the other wording).

    Thanks fort he advise on the attorney. How do I select an attorney who doesn't ask for too much money, thanks for your advise.
  • 08-21-2006, 07:05 PM
    Clair Bonner
    Re: Received a Lien Notice from Court, never received Summons
    Quote:

    Quoting carrots
    View Post
    Thanks for the quick response, does the $5000 include any penalties or fees. Can a small claims court issue a judgement of $5000 plus interest fees etc. The pdf form link I directed to you is exactly the same that I received (filled out of course), the flier was attached to it (a small white printed paper with the other wording).

    Thanks fort he advise on the attorney. How do I select an attorney who doesn't ask for too much money, thanks for your advise.


    You said that you don't own any real property (home, land, duplex, condo, etc.) Yet, you tell me that you were served with a Government Code section

    27297.5 notice, which states:

    Quote:

    (a) Upon recordation of an abstract of judgment or other
    document creating an involuntary lien affecting the title to real
    property
    , unless the county recorder has received from the judgment
    creditor proof of service pursuant to subdivision (b) of a copy of
    the document being recorded, the county recorder may, whenever the
    recorded document evidencing that lien contains the address of the
    person or persons against whom the involuntary lien is recorded or
    the address of the judgment debtor's attorney of record, within 10
    days notify the person or persons or attorney of record by mail of
    the recordation.
    (b) As an alternative to notice by the recorder, the judgment
    creditor or lienholder may serve upon the person or persons against
    whom the abstract of judgment or document creating an involuntary
    lien is to be recorded, a copy thereof in one of the following ways:

    (1) By personal delivery. Proof of service pursuant to this
    paragraph shall be shown by the affidavit of the person making the
    service, showing the time, place, and manner of service, the name and
    address of the person served, and any other facts necessary to show
    that service was made in accordance with this paragraph. If there is
    no address for a person to be served known to the judgment creditor
    or lienholder, he or she shall append to the abstract of judgment or
    involuntary lien an affidavit to that effect.
    (2) By leaving it at the person's residence or place of business
    in the care of some person in charge. Proof of service pursuant to
    this paragraph shall be shown by the affidavit of the person making
    the service, showing the time, place, and manner of service, the name
    and address of the person served, together with the title or
    capacity of the person accepting service, and any other facts
    necessary to show that service was made in accordance with this
    paragraph.
    (3) By registered or certified mail, postage prepaid, addressed to
    the person's residence or place of business. This service is
    complete at the time of mailing. Proof of service pursuant to this
    paragraph shall be shown by an affidavit setting forth the fact of
    service, the name and residence or business address of the person
    making this service, showing that he or she is a resident of, or
    employed in, the county where the mailing occurs, the fact that he or
    she is over the age of 18 years, the date and place of deposit in
    the mail, the name and address of the person served as shown on the
    envelope, and the fact that the envelope was sealed and deposited in
    the mail, with the postage thereon fully prepaid, and sent by
    registered or certified mail.
    (c) The judgment creditor may add the actual cost of service
    pursuant to subdivision (b) to the judgment or involuntary lien. The
    costs shall not exceed the cost had the abstract of judgment or
    involuntary lien been recorded pursuant to subdivision (a).
    (d) As used in this section, "involuntary lien" means a lien that
    the person or persons against whom the lien is recorded has not
    executed or has not consented to by contract.
    (e) This section shall not apply to the recordation of any
    documents relating to an involuntary lien in favor of the federal
    government pursuant to federal law or statute or to the recordation
    of any state tax lien against real property.
    (f) The failure of the county recorder or a judgment creditor or
    lienholder to notify the person or persons against whom an abstract
    of judgment or involuntary lien is recorded as authorized by this
    section shall not affect the constructive notice otherwise imparted
    by recordation, nor shall it affect the force, effect, or priority
    otherwise accorded the lien.
    (g) In the event that the notice is returned to the recorder by
    the postal service as undeliverable, the recorder is not required to
    retain the returned notice.
    (h) In recognition of the state and local interests served by the
    action made optional in subdivision (a), the Legislature encourages
    the county recorder to continue taking the action formerly mandated
    by this section. However, nothing in this subdivision may be
    construed to impose any liability on a local agency that does not
    continue to take the formerly mandated action.
    Well, you've succeeded in completely confusing me because if you don't own any real property, then where exactly would the attorney file this Notice? In other words, what would be the purpose?

    So, contact any local attorney who is familiar with judgments, and one who can determine whether or not yours can be set aside.
  • 08-21-2006, 07:12 PM
    Happy Trails
    Re: Received a Lien Notice from Court, never received Summons
    Clair, Carrots was most likely was sued in the Municipal court, since that is the court that has jurisdiction when civil claims involve collection of money up to the principal sum of $25,000.

    Carrots, I agree you should have a local attorney review the documents.
  • 08-21-2006, 07:19 PM
    Clair Bonner
    Re: Received a Lien Notice from Court, never received Summons
    Quote:

    Quoting Happy Trails
    View Post
    Clair, Carrots was most likely was sued in the Municipal court, since that is the court that has jurisdiction when civil claims involve collection of money up to the principal sum of $25,000.

    Carrots, I agree you should have a local attorney review the documents.


    California no longer has Municipal Courts. It has Small Claims and Superior Courts, only. Carrots pointed me out to a Small Claims court form, a form which is not used in Superior Court. So, with that, and the Government Code "lien" for property she says she doesn't have or own, then I'm completely confused.
  • 08-21-2006, 07:30 PM
    Happy Trails
    Re: Received a Lien Notice from Court, never received Summons
    Quote:

    Quoting Clair Bonner
    View Post
    California no longer has Municipal Courts. It has Small Claims and Superior Courts, only. Carrots pointed me out to a Small Claims court form, a form which is not used in Superior Court. So, with that, and the Government Code "lien" for property she says she doesn't have or own, then I'm completely confused.


    Thank you, my source was not current.

    The form does state, "ABSTRACT OF JUDGMENT—CIVIL AND SMALL CLAIMS.

    So Carrots must have been sued in the higher court.
  • 08-21-2006, 07:48 PM
    Clair Bonner
    Re: Received a Lien Notice from Court, never received Summons
    Quote:

    Quoting Happy Trails
    View Post
    Thank you, my source was not current.

    The form does state, "ABSTRACT OF JUDGMENT—CIVIL AND SMALL CLAIMS.

    So Carrots must have been sued in the higher court.

    I guess we can both be confused.
  • 08-21-2006, 07:52 PM
    Happy Trails
    Re: Received a Lien Notice from Court, never received Summons
    Quote:

    Quoting Clair Bonner
    View Post
    I guess we can both be confused.


    Are you still stating that it is the incorrect form for a Superior Court case?
  • 08-21-2006, 08:01 PM
    Clair Bonner
    Re: Received a Lien Notice from Court, never received Summons
    Quote:

    Quoting Happy Trails
    View Post
    Are you still stating that it is the incorrect form for a Superior Court case?


    Yes because it says Small Claims court on it.
  • 08-21-2006, 08:06 PM
    Happy Trails
    Re: Received a Lien Notice from Court, never received Summons
    Quote:

    Quoting Clair Bonner
    View Post
    Yes because it says Small Claims court on it.


    Look at the top of that form where it states "Superior Court of California".

    The form doesn't just state that is for small claims.

    ABSTRACT OF JUDGMENT—CIVIL AND SMALL CLAIMS
  • 08-21-2006, 08:06 PM
    Clair Bonner
    Re: Received a Lien Notice from Court, never received Summons
    Quote:

    Quoting Clair Bonner
    View Post
    Yes because it says Small Claims court on it.

    I just checked, and discovered that that same form is also used in the Superior Court! Well, I learn something new every day! :eek:

    But, there is still a bunch of stuff in the story to make it confusing, so the writer really needs to see a local attorney.
  • 08-21-2006, 08:11 PM
    Happy Trails
    Re: Received a Lien Notice from Court, never received Summons
    Quote:

    Quoting Clair Bonner
    View Post
    I just checked, and discovered that that same form is also used in the Superior Court! Well, I learn something new every day! :eek:

    As do I.

    Well we do both agree that it should be reviewed by an attorney.
  • 08-22-2006, 09:29 AM
    carrots
    Re: Received a Lien Notice from Court, never received Summons
    Thanks Clair Bonner & Happy Trials for your help. One thing for sure, send your kids to law school.
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