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  1. #1
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    Aug 2006
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    Unhappy 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.

  2. #2
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    Default 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?

  3. #3
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    Aug 2006
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    9

    Default 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.

  4. #4
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    Default Re: Received a Lien Notice from Court, never received Summons

    Quote Quoting carrots
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    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.

  5. #5
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    Northern California
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    Default Re: Received a Lien Notice from Court, never received Summons

    Will you be answering my questions today or tomorrow?

  6. #6
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    Aug 2006
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    9

    Default 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.

  7. #7
    Join Date
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    Northern California
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    Default 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]

  8. #8
    Join Date
    Aug 2006
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    9

    Default 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

  9. #9
    Join Date
    Jul 2006
    Location
    Northern California
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    Default 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.

  10. #10
    Join Date
    Aug 2006
    Posts
    9

    Default 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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