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Not being properly served for Civil Suit - need to file a motion - NEED HELP!

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Elizabeth B

Junior Member
Hello,

I have not been served at all and received a civil judgement against me from an insurance company. My husband was in a car accident 4 years ago and the insurance company has decided to come after me for payment since I am also on the car's registration. The DMV wants to suspend my driver's license as well.

Like I stated, I was never served and the notice in the mail, was the first time I am hearing of this judgement. PLEASE HELP me on how to file a motion to dismiss, due to not being properly served.

THANK YOU!
 


When was the judgment entered? If recently, you'll need to file an appeal. If not, you'll have to file a motion to vacate.

Do a quick search of this forum and others - this topic has been discussed a lot recently.

Note that both are reasonably complex filings, and you may want to consult with an attorney for assistance.
 

Elizabeth B

Junior Member
Reply - NEED TO FILE A MOTION TO DISMISS

:mad:The only date on the information sent was 4/3/2008. I live in California. I really need advice on what to say and how to file a motion to get the case dismissed. I can't afford an attorney, but I was never served and this is truly unfair. It really should be against my husband, since he was in the car accident 4 years ago.

Can you help me to tell me how to file this properly?
 

dcatz

Senior Member
An appeal (if you can still file one) is not going to make the litigation disappear. A successful appeal will re-start it. One wouldn’t think that should be your first consideration. Also, you would need the attorney that you can’t afford to walk you through it – Catch 22. A motion to dismiss would not be available until the litigation is re-started.

Take a look at the last post in this recent thread. It pertains to an objective much like your own:
https://forum.freeadvice.com/showthread.php?t=401818

Post what you do know about service. If it is no more than you’ve already told us, you’ll have to go to court and review the file. If you do that (and it would be advisable), also confirm the basis of the Complaint and judgment. Was your husband found to be at fault for the accident? Is the Complaint a claim in subrogation? Tell us what your own insurance company did about the claim. Is the Complaint by your own insurer? On what date is it based?

Note that this matter may not be susceptible to the assistance that you require online; what little information you’ve provided is not necessarily consistent with a California personal injury claim.. Provide the information that you can, but I would also suggest that you discuss it promptly with your own insurer and, if you don’t get satisfactory answers, that you investigate local assistance from legal aid or a pro bono referral from your local Bar Association. We’re starting in the middle of the problem and working backwards with little information.
 

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