Default Judgment From 2000 - Bank Levy

[mondocali]

What is the name of your state (California)?

In Feb. 2000, a collection agency was granted a default judgment against me for an unpaid debt totaling approx. $1,000. Over the years, they attempted to collect via Writs Of Execution several times since then, but were unsuccessful. The judgment did not appear on my credit reports when I refinanced my home in July 2007, and it still doesn't appear on them today.

Last Friday, I discovered that a levy as a result of a recent writ of execution for the same judgment was placed on my bank account. Only a fraction of the $2800 they sought was available. I obtained a complete copy of the court case file and found the following:

(1) all mail correspondence was sent to an address that I vacated in 2002. The original summons was served to a named individual who was stated as a "resident" at my address, but this is blatantly false. It was just me and my parents living there for almost 20 years at the time. I have plenty of documentation to back this;

(2) No evidence (other than repeated W of E filings and attempts) was found in the file that the Feb 2000 judgment was ever renewed, perhaps revealing why it didn't appear on my recent credit reports;

I was considering the idea of filing a "Notice To Vacate Judgment" in order to force a hearing to have these outlined facts communicated to the Court. I would also show that no proper proof of service was ever made to notify me of this judgment and recent levy in advance. I was totally unaware of this issue until I discovered the bank account levy three days ago. No communications from the agency or their legal counsel of any kind have been made over the past eight years to me at my valid address, through my former employers or via any phone communication.

No other monies will be going into this bank account, and other accounts and assets are under the co-ownership of me and my wife. She hasn't been contact either, and we started dating about six months after the default judgment was granted.

My questions are: Am I on the right path to obliterating this judgment for good? Am I missing anything? Should I pursue a countersuit against the agency? What are the chances of the judgment being validated in a court hearing if I request that it be vacated?What is the name of your state (only U.S. law)?

[Antigone*of*Greece]

Originally Posted by mondocali

was considering the idea of filing a "Notice To Vacate Judgment" in order to force a hearing to have these outlined facts communicated to the Court. I would also show that no proper proof of service was ever made to notify me of this judgment and recent levy in advance. I was totally unaware of this issue until I discovered the bank account levy three days ago. No communications from the agency or their legal counsel of any kind have been made over the past eight years to me at my valid address, through my former employers or via any phone communication.

I'm really sorry, and I'm not sure what world you think you live in, but once the judgement has been granted they don't need to exercise courtesy and let you know they are going to levy your accounts.

My questions are: Am I on the right path to obliterating this judgment for good? Am I missing anything? Should I pursue a countersuit against the agency? What are the chances of the judgment being validated in a court hearing if I request that it be vacated?What is the name of your state (only U.S. law)?

The only right path to getting rid of this judgement is to pay it.

Don't be surprised to find that your request to vacate the judgement will be laughed out of court and so will any countersuit against the agency.

Chances how does slim and NONE sound

Oh, and if you're waiting for the judgement to go away in another three years...don't hold your breath on that one either. The judgement can and will most likely be renewed for another ten.

[CourtClerk]

Originally Posted by Wirelessany1

Don't be surprised to find that your request to vacate the judgement will be laughed out of court

Especially since the motion would not be filed timely, per the CCP.

[Zigner]

Funny thing is that this guy has KNOWN about this problem for YEARS, but NOW it's a problem -