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I was not served, home now liened, want to chalenge.

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jb4872

Registered User
What is the name of your state? California

I just found there is a lien on my mom's home.

A default judgement was granted to a CCC and the Collection Agency in 99.

The reason they got a default is because they never severed me.
It says here in black and white that a person named James was given the
papers who was then suppose to give them to me.

What kind of malarkey is that?

My name is not James and no one on that block had that name.
I was not even living at that address anymore.

How can they get away with this kind of trickery?

They filed in 1999 and I am just learning of it in 2005.

I just learned many CAs use what is called a "Sewer Server".
Some guy off the street hired to serve you papers but
really throws it in the trash, signs a waiver, collects his money.

Any advise is welcome and thank you in advance.
 
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jb4872

Registered User
Motion to Quash

California

Q. Is it too late to send the CA and CCC a dispute letter demanding Validation of debt
even after they have won a default judgement?

I went the Courthouse to get a copy of the hearing where the CA won a default judgement.
I was not aware of the case since I was never served in the first place.
I learned of it through my credit report.

I showed the papers to a lawyer who noticed 2 errors.
1. A copy of the original contract with my sig is was not submitted.
2. A stranger was served with the original papers.

The CA submitted some printout that is worthless as per the lawyer.
Plus in the "Proof of Service" papers is listed a person that was served who was supposed to
then serve me. The person named is unknown to me.

I don't believe this was my debt. I'm wondering about ID theft.

I now want to take it back to court and file to have this case quashed.

I would like to get a second opinion.
If you are a lawyer or know of one in the Los Angeles area who can handle this
case please send me an email. Thank you.
 
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