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What should I Do???

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An apartment complex that I used to live in billed me after I moved out for damage to the carpet. The carpet was worn out and in need of replacing when I moved in (this was noted on the inspection paperwork) and I refused to pay. Now a year later I discovered money missing from my bank account. Upon investigation I discovered that my account had been levied due to judgement against me in court. Apparently notice to serve had been issued at my former employer on Feb 9th this year, I left Jan 10th. Now my question is how can they serve papers to anyone but me, and what can I do? Can I appeal the judgement? Can I sue the appartment complex, the agency that served me, or my former employer? It seems absolutely absurd to me that a judgment can be made in court against me without my knowledge that I was being sued. I had no opportunity to defend myself. I would appreciate any help and advice with this matter.

[email protected]

p.s. this occured in California

[Edited by mwalter on 05-09-2001 at 05:49 PM]



You need a lawyer to answer exactly what to do, but I can share a couple of thoughts:

1. Evidently, your former employer accepted a summons for you. That sounds strange, if you no longer worked there.

2. Substituted service at your place of business in California requires also that a copy be mailed to you at the place where the summons was left (former employer). Gentlemen do not open other peoples mail. In fact, I think that federal mail laws require that the mail be returned to sender unopened, if you were no longer there.

It looks like all of the blame would belong on your former employer, but you need an attorney to advise you how to proceed.


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