How do I go about getting a judgment dismissed for non-service?

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How do I go about getting a judgment dismissed for non-service?

There is a civil judgment against me for a credit card last paid 3.5 years ago. They never served me (twice) and filed with the court 2 months ago that they did. Last month they were issued a judgment.

Asked on December 5, 2012 under Bankruptcy Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A default judgment was entered against you because the credit card company claimed you were served and did not timely file an answer to the complaint (the complaint is the lawsuit attached to the summons).

You can file a motion to set aside the default.  Your argument on which to base your motion is that you were never served and therefore did not have an opportunity to respond by timely filing an answer to the complaint.

If the judge grants your motion to set aside the default, the case will then be back on track and litigation will continue.


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