Does a civil claim judgement have to be personally served?

UPDATED: Dec 1, 2011

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Does a civil claim judgement have to be personally served?

If so, how do I appeal one that was not served? A civil claim judgement has been filed against me by EDD but I never received any information on it.

Asked on December 1, 2011 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you have written, it seems that there is a judgment against you by the EDD for moneys that it claims that it supposedly overpaid you. If there is an actual judgment and you were never served with the summons and complaint as to it, you will need to file a motion to try and have it set aside.

Doing this can be a somewhat complicated process and it is recommended that you retain an attorney experienced in civil litigation to assist you in the endeavor. You need to realize that not all motions to set aside a judgment will be set aside by the court. You have to prove why you failed to respond to the summons and complaint in a timely manner.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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