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Didn't know I was being sued:(

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pinkdawg

Junior Member
What is the name of your state (only U.S. law)? California

so. I was checking my bank statement online today and noticed a pending transaction of almost $4000 going through my bank. Turns out I was sued in small claims and wasn't notified and a judgment came through.
Ironically, this guy (former boss) tried suing me after we had a hearing w/ the CA labor commissioner. I was notified and showed up in court on the date of the "trial" but he had dismissed the case..(I new you couldn't sue someone over an issue alreading being heard in another court, so I was ready to ask for a dismissal) So, after almost a year with the labor commisioner, I won my case and recently, he paid. Obviously, he filed another suit against me. If it is like the one before, the issue would be regarding an agreement we had prior to my quiting (he would pay half, I would pay half). When i filed for 3 years of unpaid overtime, he got cranky and as the commisioner stated "became retaliatory" (In testimony under oath, the plaintiff acknowledged this was a gift, but then tried to say it wasn't meant that way. I agreed to reimburse the plaintiff half as I had originally agreed to and that money was deducted from the settlement). Apparently, the money he asked for in the small claims suit was the ENTIRE amount of our agreement, which he had just gotten half of in our settlement, then he gets a claim for the full amount through another court without my getting a notice, how can this be and now what?
 
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dcatz

Senior Member
(You subsequently went the other direction and gave more information than is needed.)

First, it would help you to see the court file to determine how you were served. CA’s service requirements are more rigid than a number of other states, but SC is relatively liberal everywhere. If you’re going to try to vacate the judgment (and you are), that’s information you should have. If it’s not convenient to go to the court, you can probably purchase a copy of the Proof of Service by mail in about a week for $1-2. Call the court.

Assuming that you didn’t get notice (i.e. Proof of Service is defective), file your motion to vacate judgment:
http://www.courtinfo.ca.gov/forms/fillable/sc135.pdf

Courts are generally liberal in vacating judgments in favor of a hearing on the merits. If the SC action was about the same issue, you’ve already made your argument.
 

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