Judgement, no service

[abmyers]

What is the name of your state? CA

I recently became aware that a collection agency has been granted a default judgement against me (I think). I was never served, and have not recieved written correspondence from them in a couple years.

Here is what is online:

02/16/2007 8:30 AM DEPT. R9 CASE MANAGEMENT CONFERENCE VACATED
01/10/2007 WRIT OF EXECUTION ISSUED TO SACRAMENTO COUNTY ( 4911.91 ) Not Applicable
01/03/2007 DECLARATION OF ACCRUED INTEREST IN THE AMOUNT OF $85.68 FILED Not Applicable
01/03/2007 DECLARATION OF ACCRUED COSTS IN THE AMOUNT OF $32.00 FILED BY GCFS, INC.,. Not Applicable
12/01/2006 ABSTRACT OF JUDGMENT ISSUED Not Applicable
11/20/2006 SUBSTITUTION OF ATTORNEY FILED; SUBSTITUTING PATRICIA ANN BENNETT WITH STEPHEN MARK STERN AS ATTORNEY OF RECORD FOR GCFS, INC.,. Not Applicable
10/27/2006 CASE TRACKED TO JUDGMENT SHELF Not Applicable
10/25/2006 DEFAULT ENTERED ON COMPLAINT (LIMITED JURISDICTION) OF GCFS, INC., AS TO XXXX XXXXXX. Not Applicable
10/25/2006 REQUEST TO ENTER DEFAULT AND REQUEST FOR CLERK'S JUDGMENT FILED ON XXXXXX XXXXXXXXX. Not Applicable
10/25/2006 DEFAULT PACKET RECEIVED Not Applicable
10/25/2006 CLERKS JUDGMENT ENTERED Not Applicable
10/25/2006 DECLARATION & ORDER RE: LOST ORIGINAL DOCUMENTS FILED. Not Applicable
10/25/2006 DISMISSAL FILED ON COMPLAINT (LIMITED JURISDICTION) OF GCFS, INC., AS TO DOES ONLY Not Applicable
10/25/2006 DECLARATION OF COSTS FILED Not Applicable
10/25/2006 DECL IN SPPRT OF PLAINTIFFS EXEMPTION FROM USURY LIMITATIONS OF CALIF CONSTITUTION ART XV, SEC 1 FILED. Not Applicable
10/25/2006 DECLARATION OF ACCRUED INTEREST FILED Not Applicable
10/25/2006 WAIVER OF EXCESS PRE JUDGMENT INTEREST FILED. Not Applicable
10/25/2006 DECLARATION RE: REQUEST FOR COURT JUDGMENT UNDER CCP 585D FILED. Not Applicable
10/25/2006 SUBSTITUTION OF ATTORNEY FILED; SUBSTITUTING HAROLD V MESICK WITH PATRICIA ANN BENNETT AS ATTORNEY OF RECORD FOR GCFS, INC.,. Not Applicable
09/28/2006 CASE TRANSFERRED TO NEW DEPARTMENT Not Applicable
09/22/2006 SUBSTITUTION OF ATTORNEY FILED; SUBSTITUTING GILBERT WILKES WITH HAROLD V MESICK AS ATTORNEY OF RECORD FOR GCFS, INC.,. Not Applicable
09/22/2006 PROOF OF SERVICE FILED ON XXXXXXXX XXXXXXXX; PARTY SERVED ON 09/13/06. TYPE OF SERVICE IS PERSONAL. Not Applicable
09/22/2006 PROOF OF SERVICE FILED ON XXXXXX XXXXXXXX; PARTY SERVED ON 09/13/06. TYPE OF SERVICE IS PERSONAL. WITH COSTS OF 0000000000000000.DEL.. Not Applicable
07/24/2006 DECLARATION RE: REDUCTION OF FILING FEE FILED BY GCFS, INC., Not Applicable
07/24/2006 SUMMONS ISSUED - ORIGINAL FILED IN COURT FILE. Not Applicable
07/24/2006 CASE ASSIGNED FOR ALL PURPOSES TO DEPARTMENT R14
07/24/2006 COMPLAINT AND PARTY INFORMATION ENTERED. (LIMITED JURISDICTION) Not Applicable


First, I would like to know exactly what has transpired.
Second, what can I do now? I was never served, and can probably prove it. This company used some collection techniques (back when they used to call) that were clear viloations of FDCPA (6:00 am calls, calls to friends and family when they had my contact info).

Now I want to play hard ball. What are my options?

FYI, the debt is about 3 and a half years old now.

Thanks in advance

 

[StephenH]

File a motion to vacate the judgement, under grounds you were never served. File a discovery request for how they served. As for calls before 8AM or after 9PM, you can file a FDCPA claim against the collection agency for this. However, the calls to friends and family are not against the law unless they were before 8AM or after 9PM, or to their workand their employers prohibit collection calls at work.