eileenwilson
Junior Member
What is the name of your state (only U.S. law)? California
Long story, bear with me...
On 11/20 I received a copy of a Request to Enter Default sent by an attorney to the OC Court. This was the first I heard of the case. I wasnt sure what a default was, so I asked an attorney friend, they told me the severity of it and I called the court. The clerk said that they had a proof of service on file and that they served a woman w/ a generic descripton in Sept. Well, on that date they "served" me, I was out of the country, and so was my roommate and the only person that could have been in the household was my roommate's mom. She did not match the description and is not named Barbara. So, they lied. I also called teh attorney's office, asking A) who is the original creditor, and B) stating that they didnt serve me. The girl said "oh, well you verified your address so..." On 11/24 I sent a letter to the attorney stating the facts taht I wasnt served, but said if they remove the judgment, I would pay on a payment plan, but they would have to drop the judgment. They sent me a stipulation back saying ok to the pmt plan but they aren't removing the Judgment. So today, I filed a motion to set aside the default and default judgment (which went through 11/24)
Here are my questions:
When I file my proof of service, is the FedEx ticket showing the tracking number sufficient or should I wait till it's delivered and then file the POS showing the internet delivery verification?
The fact that I contacted the attorney to begin with, is that ok? I'm not disputing the debt, I will dispute the amount however, and they refuse to recognize they didn't serve me.
Any other advice would be great, thank you!
Long story, bear with me...
On 11/20 I received a copy of a Request to Enter Default sent by an attorney to the OC Court. This was the first I heard of the case. I wasnt sure what a default was, so I asked an attorney friend, they told me the severity of it and I called the court. The clerk said that they had a proof of service on file and that they served a woman w/ a generic descripton in Sept. Well, on that date they "served" me, I was out of the country, and so was my roommate and the only person that could have been in the household was my roommate's mom. She did not match the description and is not named Barbara. So, they lied. I also called teh attorney's office, asking A) who is the original creditor, and B) stating that they didnt serve me. The girl said "oh, well you verified your address so..." On 11/24 I sent a letter to the attorney stating the facts taht I wasnt served, but said if they remove the judgment, I would pay on a payment plan, but they would have to drop the judgment. They sent me a stipulation back saying ok to the pmt plan but they aren't removing the Judgment. So today, I filed a motion to set aside the default and default judgment (which went through 11/24)
Here are my questions:
When I file my proof of service, is the FedEx ticket showing the tracking number sufficient or should I wait till it's delivered and then file the POS showing the internet delivery verification?
The fact that I contacted the attorney to begin with, is that ok? I'm not disputing the debt, I will dispute the amount however, and they refuse to recognize they didn't serve me.
Any other advice would be great, thank you!