How to proceed when unknown debt judgement is 7 years old?

Since so much time had lapsed I filed a claim of exemption – I’m unemployed. At the 1st hearing the judge told me to get validation and continued the case. At the 2nd hearing I showed the rejected letters requesting validation from the plaintiff and the judge suggested I be a “squeaky wheel” and continued the case again. The plaintiff has refused to help in anyway unless asked directly by the judge. What can I do now? The proof of service on file was to an address that I had not lived at for 6 months; no other communication has ever been received. Next hearing is the 26th.

Asked on June 6, 2012 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The best way to proceed regarding the matter that you have written about is to pull the underlying matter where you have a judgment against you to see if proper service was ever made on you with respect to the summons and complaint. if there was never proper service, then possibly you may be able to have the judgment set aside even after a period of seven (7) plus years.

If there is a legal aid office in your county, I suggest that you go there to see what legal assistance you can receive regarding your matter.

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