My question involves judgment recovery in the State of: California
Facts:
This is a complicated set of circumstances, so I will do my best to post relevant facts:
#1. In 2004 Eskanos and Adler, on behalf of Bank of America, personally served an an individual at an address on my same street that was likely not my address (my street has East and West with the same street numbers). Therfore, I never recieved personal service.
#2. Subsequent to service, unknowing of service, I sold my home and moved to another County.
#3. From 2004 until current I have had several credit cards, loans, etc... Equifax FICO score= 780.
#4. About month ago, I was looking at the online recorder's index in the county I previously lived and saw an Abstract of Judgment - WTF right?
#5. I drove to the County Clerk Recorder and looked at the physical document (here it gets complicated) - the online index has my name and Bank of America. However, the physical document is a completely different person, diferent address, different SSAN. The attorney is Eskanos and Adler. I did not raise the obvious error with the Clerk.
#6. All three of my credit reports show no public records, no derogatory statements, etc.
#7. I did owe Bank of America a debt and they obviously turned it over to Eskanos and Adler. E&A likely screwed up service, the recorder screwed up the recording.
#8. To my knowlege, I have not had any judment collectors after me.
Questions:
#1. Should I do nothing and hope this has completely fallen through the cracks and that the judgement does not get renewed?
#2. Should I wait and see if BofA trys to renew and then raise all afirmitive defenses afforded me?
#3. Should I immedialty take action, motion the court and try and get the judgment vacated?
Opinion:
1. I do owe BofA, however I am inclined to do nothing at see what develops.
2. If anyone could have completely screwed this up Esanos and Adler could.
3. I have to be the lukiest person in that the recorder (or possibly Esanos and Adler) screwed up the actual recording.
All opinions welcome!
-Drums

