Fradulent Judgement

Discussion in 'Credit Talk' started by RVx, Nov 26, 2006.

  1. RVx

    RVx Member

    Someone filed behind my back and obtained default judgement which shows up in my CR. This is in California, never was served anything. I believe this should be a basis to dismiss it. Can someone advise what do I need to file with the court? or complain to CA Bar Assocn?
     
  2. ro56

    ro56 Member

    What was the judgment for? (not how much, but what FOR?)
    Who sued you?
    Where did they supposedly serve you?
    Why is it a "fraudulent judgment" ??
     
  3. ontrack

    ontrack Well-Known Member

    Was this a default judgement obtained against you, either with improper service or filed in the wrong venue, or is this someone else's account, on which the creditor sued, that is on your reports?
     
  4. cap1sucks

    cap1sucks Well-Known Member

    If they already have the judgment you can't get it dismissed but you might try to have it vacated. The fact that you say you were never served or were improperly served is not likely to get you anywhere because there is an officer of the court swearing under oath that he properly served you and where the feat was accomplished Your word against the word of an officer of the court simply isn't going to go anywhere unless you can prove beyond a shadow of a doubt that they served you at a totally wrong address or you were in the hospital at the time they claimed you were served or some other bullet proof reason why you either were not served or were improperly served.

    That is normally tough to do. While you might want to use that as a part of your motion to vacate the judgment I think you need to look for better ammunition than that.
     

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