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California motion to vacate void judgment

https://burmanparalegal.wordpress.com/2012/02/27/motion-to-vacate-a-void-judgment-in-california/

11 Responses

  1. Very informative. This is exactly what I was looking for. I was planning a trip to the law library and to read up on vacating a judgment. I am happy to hear that if someone has not been properly served that there is no time limit and if correctly served six months.

    This information has cut my research in half. I was going to appeal the decision the judge made, but this route will take a quicker approach.

    And if the judge does not void the order I still can appeal.

    Thanks again Angela

  2. Service is such a strict issue for courts to deal with prior to entering default judgment, it is good to see your blog addresses the most common faults in servce.

  3. Stan, you’re the man! Your articles have helped me immensely in the past few years as well as a sample motion that I purchased from you and used successfully in court. Thank you so much!! BTW, you communicate in a way that is clear and so easy to understand. Very good reasoning abilities!

  4. This is great info and i believe the judgment entered against me s a void one. How does one go about removing a wage garnishment based on a void judgment? I appreciate the help you offer many victims of fraud.

    • I would suggest doing more legal research. If you are interested I sell a sample motion to vacate a void judgment.

  5. Hi Stan, Do you have a sample or template for Motion to vacate a void judgment in california. The reason I believe it is a void judgment is because:
    1. It was a time barred debt or in other words the collection company sued me for a debt that was already past the SOL. (CCP 337 (1) and (2) )They claim Breach of Contract
    2. They subpenead all documents related to the account from Chase Bank, the original creditor, and Chase’s representative returned an affadavit stating there was no contract, signed or otherwise, only credit card statements. The statements shows the last activity (a past due payment) occurred on April 20, 2007 and the complaint was filed May 26, 2011. Just a bit over four years. They claim Breach of Contract on a Cardholder agreement and Common Counts, because I supposedly became indebted to their predecessor in interest ( and there was at least two predecessors) within the last four years on both an open book account and an account stated.No such account was ever stated!

    3. In addition, the plaintiff filed the lawsuit in a county that I did not live in, but stated in the complaint, “This court is the proper court because a defendant lives here now.” This statement is item # 7 on the Complaint form (PLD-C-001) and I do not believe that statement in such a format is a “Sworn Affadavit” in accordance with CCP 473(d).
    4.
    The house number listed on all POS is a wrong number which does not exist. ( I sent an envelope addressed to the plaintiff’s lawyer at the nonexistent address theyalledgedly served me at, and it was returned to sender, me, because there is no such address. Oddly, when they filed for a writ of execution so thay could attach my wages they somehow suddenly and singularly listed the correct house number on the documents provided to the County Recorder. Of course, I no longer lived there by then. And THEN, all POS for subsequent notices such as wage garnishment were being served at that wrong address again.
    4. I filed a motion to set aside the default judgment, but in the end the judge refused to hear me out, and denied my motion to set aside and dismiss in a bit of a rage. I searched the Court Case index and discovered that the Plaintiff that sued me and won a default judgment, did so in every other case they filed in that county court house in that particular judge’s court. The list was quite extensive.
    4. Nearly 50 credit card statements (the subpenead documents from original creditor) were submitted as evidence to the court, all of them had my actual correct address on each one.

    .
    please advise,
    thanks,
    michele

  6. Thank you,. Does the Motion to Vacate Void Judgment have to be served by a party not innovated with the case to the courts, and does a copy need to be sent to the plaintiff? (I know I am a nice person.) I was not served a summons at all and only found out recently that a summons was issued or filed by looking it up in the LASC case summary..

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