ca small claims court

[Lilbitdncr]

California - I actually have several questions. Can a judge award more than is owed? If not how do I rectify it? Also to whom do I report a process server for fraudulent practices? A process server (whom has offices in the same building as the company who sued me) claimed to have served my court papers to my "roommate" at an address I have not lived at in over 10 years. I did have the judgement vacated but at the new hearing the judge ordered me to pay the wrong amount plus court costs twice. This company also called me at work several times even after I told them that my employer did not allow phone calls at work. The amount of money we are talking about is not much but I would like to keep this company from doing this to other people.

 

[I AM ALWAYS LIABLE]

California - I actually have several questions. Can a judge award more than is owed? If not how do I rectify it? Also to whom do I report a process server for fraudulent practices? A process server (whom has offices in the same building as the company who sued me) claimed to have served my court papers to my "roommate" at an address I have not lived at in over 10 years. I did have the judgement vacated but at the new hearing the judge ordered me to pay the wrong amount plus court costs twice. This company also called me at work several times even after I told them that my employer did not allow phone calls at work. The amount of money we are talking about is not much but I would like to keep this company from doing this to other people.

My response:

1. Yes, by awarding court costs, fees, interest, etc. In order to give you a more specific answer, we need more facts concerning this issue from you. How much were you being sued for, and how much was the judgment ?

2. You sue the process server for "Abuse of Process". However, this can be extremely difficult to prove.

IAAL

 

[Lilbitdncr]

More facts

The original amount was $422.81 plus $35.00 filing fee and $30.00 process server fee. When I filed the motion to vacate I also showed proof of payments of $280.96 which they had cashed but never acknowledged as being received. At the time of the wage garnishment they asked for 521.33 this included $7.00 for a writ of execution. The wage garnishment was how I found out about the judgement I had assumed since I had not heard anything further since I had made payment that it had been accepted as such. Also I had not moved from the address they had on file nor had I switched employers. The motion to vacate was granted sice they had made no attempt to serve me at my home address which was the one on file. We had a hearing on the same day as the motion to vacate was heard. The judge awarded payment of $235.81 plus $65.00 in court costs. The creditor had written that amount on a piece of paper before the hearing telling me that that was the amount still owed and did I want to settle I refused because I disputed several of the charges, this paper was in front of the judge when he said what amount would be paid. This amount already included court costs. To sum it all up.
$422.81
-280.96=
$141.85 + $65.00 = $206.85 owed.
According to the judge he ordered
$235.81 + $65.00 = $300.81
As I said earlier the money is not the issue what i would like to do if keep this company from doing this to other people, according to court records they had filed in excess of 12 small claims cases. To give an example the payments I had made were deposited by them the day before they went to court for the original judgement. 3 months later when they filed for the writ of execution still no mention of the payments being made. I hope this is enough information. Would you advise going after the process server?
What would constitute "proof" as far as the process server is concerned?

[Edited by Lilbitdncr on 01-28-2001 at 02:44 PM]