QUESTION
What do I do if I was sued without my knowledge for a default judgement occurred?
Asked on Jun 02nd, 2016 on Landlord and Tenant Law - California
More details to this question:
I moved at the beginning of last year. I left a letter with my Apartment Office that I was leaving, paid in full for the last month I was there and left. I was apparently sued in October of the year. I moved, although I had no idea. I found out because they put a lien on my bank account as of last week. I was never served a piece of paper and the original debt went from $340 to $1400 because I wasn't there to defend myself! The fact is, that if I had known about this debt, I would have gladly paid it then! So now, all that the county courts are telling me that someone signed for the certified letters with all of the information pertaining to my court case, but they can't provide me with that information. I am thinking about trying to get my money back! I have also reached out to the attorney who represented the Apartment Complex, but he will not return any calls or emails. I have no idea what I owe the $1400 for. How is this justice?
2 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You need to consult with a civil litigation attorney to see if the default judgment can be set aside.
Answered on Jul 06th, 2016 at 6:37 AM
It isn't justice. Normally, you can move to set aside a default judgment [one entered because you did not appear at trial] but it must be done in 6 months from the date of entry, which has appeared to pass. You can perhaps still move to set it aside if it was taken through fraud. E-mail or write a certified letter to the attorney telling him what happened. State you were not told you owed anything during the time you made the last payment and when you left, you have never been told what the charge is for [probably for cleaning the unit send them a copy of any pictures, if you have any, of how the apartment looked when you left]. ?Point out that you never signed for any letter notifying you of any trial date or serve of summons, you were out of state, did not authorize anyone to sign for you, they should have know that sending it to the apartment complex would mean it would not get to you so the service was really "sewer service", they have committed fraud, you will sue if they do not drop the lien and dismiss the case/judgment. Point out that the attorney has not responded to your attempt to contact him/her and that is improper.
Answered on Jul 05th, 2016 at 6:51 PM