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  1. #1
    Join Date
    Dec 2011
    Posts
    1

    Default What Are Grounds to File a Motion to Vacate for Not Properly Being Served

    Hi,

    A renewal default judgment was issued against me on 11/09/11 a lien was placed on my bank account by the LA County Sheriff Department. I was never served notice of renewal of judgment. After calling the Sheriff Department to inquire I learned that the summons was mail to and old address. Iíve lived in the Las Vegas area since August 2007 so I was unaware of the renewal judgment filing because I was never served.

    My questions are; Can I file a motion to vacate judgement in a civil matter?
    What is the statue of limitation on collecting a money judgments in California?
    What the renewal judgment filed in the correct state?
    In addition can you please tell me what the law is on serving a summons to a person that lives out of state?
    Seems to me there were several violations that took place.


    Thanks in advance for any advice.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Do I Have Grounds to File a Motion to Vacate in Calif for Not Properly Being Serv

    It does not require you to be served. It is a matter of filing an application with the clerk.

    http://codes.lp.findlaw.com/cacode/C...1/3/2/s683.120

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Are Grounds to File a Motion to Vacate for Not Properly Being Served

    Quote Quoting California Code of Civil Procedure, Sec. 683.120
    (a)The judgment creditor may renew a judgment by filing an application for renewal of the judgment with the court in which the judgment was entered.

    (b)Except as otherwise provided in this article, the filing of the application renews the judgment in the amount determined under Section 683.150 and extends the period of enforceability of the judgment as renewed for a period of 10 years from the date the application is filed.

    (c)In the case of a money judgment payable in installments, for the purposes of enforcement and of any later renewal, the amount of the judgment as renewed shall be treated as a lump-sum money judgment entered on the date the application is filed.
    If your address on file with the court of record was accurate, I expect you would have received a copy of the notice filed with the court. This is not a new action, so there was no need to locate and serve you all over again. You're not going to succeed in having the renewal set aside on the basis that you moved, such that your address of record was out-of-date, and it is both necessary and proper to renew the judgment with the court that issued it. Do you have any other potential defenses?

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