What is the name of your state (only U.S. law)? I live in Arizona and the case is in california.I am filing a motion to vacate a default judgement. I feel certain it will be granted. I have never been served. I also filed an answer an affirmitive defense. SOL had passed. What I need to know now is how do I go about getting my garnished wages and assets back. The assets are being held by the sheriffs but only for 7 more days. Will I have to sue for them or will the court order them returned? I expect no help from the plantiffs attorneys. They have used every dirty trick you could think of so far. They have $12,000.00 of mine and I am broke. I searched everywhere for a procedure for this situation and have found nothing. Any help will be greatly appreciated.
When asked for more information I replied:
The default judgement was entered in nov. 2010. I first found out about the default judgement when my wages were garnished in July 2011. I traveled to L.A. four times since that time trying to take care of this. I had difficulty with finding an attorney or paralegal that I was comfortable with. I decided to do it myself. I found I still had time to do this because I was never served, Civl code 473.5. The plantiff served the 15 year old daughter of the tennant of a property that was recently left to me upon my fathers death. The tennant took the document to the court where it came from and complained about her young daughter being served (or subserved) with the summons. She also called the attorneys for the plantiff and told them the same thing. She told both that no one by that name lived there. She never told me about the summons. I have never lived at that address. They were aware of my true residense where I have lived for the past 8years. My current address is on my credit report and can be easily found by looking in the white pages on line. I have tried to do my homework and believe I can stop them. I am filing my motion (my second attempt) on Monday Dec.19 2011. In that filing I give a more detailed account of the events supported by documents and affidavits covering all that was statedWhat is the name of your state (only U.S. law)?
When asked for more information I replied:
The default judgement was entered in nov. 2010. I first found out about the default judgement when my wages were garnished in July 2011. I traveled to L.A. four times since that time trying to take care of this. I had difficulty with finding an attorney or paralegal that I was comfortable with. I decided to do it myself. I found I still had time to do this because I was never served, Civl code 473.5. The plantiff served the 15 year old daughter of the tennant of a property that was recently left to me upon my fathers death. The tennant took the document to the court where it came from and complained about her young daughter being served (or subserved) with the summons. She also called the attorneys for the plantiff and told them the same thing. She told both that no one by that name lived there. She never told me about the summons. I have never lived at that address. They were aware of my true residense where I have lived for the past 8years. My current address is on my credit report and can be easily found by looking in the white pages on line. I have tried to do my homework and believe I can stop them. I am filing my motion (my second attempt) on Monday Dec.19 2011. In that filing I give a more detailed account of the events supported by documents and affidavits covering all that was statedWhat is the name of your state (only U.S. law)?
