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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.
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Re: Received a Lien Notice from Court, never received Summons
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carrots
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?
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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.
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Re: Received a Lien Notice from Court, never received Summons
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carrots
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.
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Re: Received a Lien Notice from Court, never received Summons
Will you be answering my questions today or tomorrow?
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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.
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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]
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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
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Re: Received a Lien Notice from Court, never received Summons
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carrots
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.
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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.
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Re: Received a Lien Notice from Court, never received Summons
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carrots
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.
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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.
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Re: Received a Lien Notice from Court, never received Summons
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Happy Trails
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.
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Re: Received a Lien Notice from Court, never received Summons
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Clair Bonner
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.
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Re: Received a Lien Notice from Court, never received Summons
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Happy Trails
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.
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Re: Received a Lien Notice from Court, never received Summons
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Clair Bonner
I guess we can both be confused.
Are you still stating that it is the incorrect form for a Superior Court case?
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Re: Received a Lien Notice from Court, never received Summons
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Happy Trails
Are you still stating that it is the incorrect form for a Superior Court case?
Yes because it says Small Claims court on it.
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Re: Received a Lien Notice from Court, never received Summons
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Clair Bonner
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
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Re: Received a Lien Notice from Court, never received Summons
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Clair Bonner
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.
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Re: Received a Lien Notice from Court, never received Summons
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Clair Bonner
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.
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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.