Judgement

[quincy]

If you received notice from your bank of a levy, I agree with Zigner. Dealing with that should be your first concern. I agree again with Zigner that you should have an attorney.

 

[zddoodah]

I received a levy letter from my bank.

That's more than "trying to levy." If you want to challenge the levy, you have a very limited time to do so, so get reading. Forms are available at the Judicial Council's website.

 

[Dukemave]

It’s not clear what exactly Dukemave received or what information he has. If the name of the court was on the “judgment letter,” that certainly would be a good place to start.

Ok I went and retrieved the records for LA Superior court. The Judgement was in 1998 the credit card company which I never have, and the address on the Judgement debtor is not mine and never heard of that address. My questions is since the judgement was so long ago, and I believe my ID was stolen. What is my course of action to vacate the judgement, or can I still try to vacate since the judgement was like 22years ago? Finally which type of attorney would anyone recommends for me to get? Thank you!

 

[zddoodah]

Ok I went and retrieved the records for LA Superior court. The Judgement was in 1998 the credit card company which I never have, and the address on the Judgement debtor is not mine and never heard of that address. My questions is since the judgement was so long ago, and I believe my ID was stolen. What is my course of action to vacate the judgement, or can I still try to vacate since the judgement was like 22years ago? Finally which type of attorney would anyone recommends for me to get? Thank you!

First, as I explained in my first response in this thread (post #5), a judgment that is more than ten years old is not enforceable unless it has been renewed. In the case of a judgment entered in 1998, it would have to have been renewed at least twice in order to be enforceable, and it is extremely uncommon for judgments based on consumer debt to be renewed more than once. When you "retrieved the records for LA Superior [C]ourt," did you seen entries and/or documentation for two separate renewals of the judgment?

As far as vacating a judgment, there are two relevant laws. The first is section 473(b) of the Code of Civil Procedure. Unfortunately for you, "[a]pplication for this relief . . . shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken." The second is section 473.5 (you can use the same link), which concerns a situation in which "service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered." Again, however, unfortunately for you, "[t]he notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered." In other words, it's way too late. However, I would still recommend that you seek advice from a local attorney. Any attorney who handles civil litigation could do it. If you can find one that specializes in representing consumers, that might be best.

 

[Dukemave]

Thank you so much Zddoodah! I read the records it was renewed twice. So the time to vacate the judgement has expired and nothing a person can do, if their ID was stolen without knowing it all these times. I am sure I am not the only victim, and I wonder how a victim of ID theft can resolved this nasty crime. I will seek out a "Civil Attorney" for advise. I searched consumer attorney but majority came back as specialize in lemon laws etc..

Again thank you so much.

 

[Zigner]

Thank you so much Zddoodah! I read the records it was renewed twice. So the time to vacate the judgement has expired and nothing a person can do, if their ID was stolen without knowing it all these times. I am sure I am not the only victim, and I wonder how a victim of ID theft can resolved this nasty crime. I will seek out a "Civil Attorney" for advise. I searched consumer attorney but majority came back as specialize in lemon laws etc..

Again thank you so much.

It's possible that the judgement was taken out against someone with the same name. If you can show that you are not that person, it may be possible for it to be made to go away (so to speak).

 

[quincy]

... I read the records it was renewed twice ... I will seek out a "Civil Attorney" for advise. I searched consumer attorney but majority came back as specialize in lemon laws etc..

Here are links to California State information on debt collections and finding an attorney to assist you with the judgment and bank levy

https://oag.ca.gov/consumers/general/debt-collectors

https://oag.ca.gov/consumers/general/stbar

If all else fails and the amount of the judgment is more than you can handle, you could also consider bankruptcy.