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  1. #1

    Default Facing 5 Year Old Judgement But Was Never Served

    My question involves collection proceedings in the State of: California

    I was just served to appear in a discovery hearing so that a collection attorney can determine what assets I have to pay a default judgement in 2003. I was never served and this is my first notice of the case and the judgement. I looked at the case file and found that the agency claims they served me by mailing to my last known address. I can prove that their client knew that I was no longer at that address or in that county. I'm planning to retain an attorney to set aside the judgement, but am concerned that it's been nearly 5 years. Please tell me that I do have recourse because I was never served.

  2. #2

    Default Re: Facing 5 Year Old Judgement But Was Never Served

    You can file a motion to have the judgment set aside for lack of service. Mailing to your last known address is not sufficient service in CA and I am surprised that a judge would enter a default judgment without proof of service. Here are the rules

    http://www.courtinfo.ca.gov/selfhelp...ve.htm#service

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