As attorneys helping individuals with different litigation issues, we often encounter clients who discover about a default judgment entered against them in a lawsuit they never knew about. Retaining a Los Angeles attorney who specializes in such matters is important.
What Happens When I am Not Served With a Summons and Complaint and Judgment is Entered Against Me?
In California, in order for the Court to have jurisdiction (or the power to rule over a case), the Defendant must be properly served with the summons and complaint. If service is not proper, the Court does not have jurisdiction over the defendant and no valid judgment can be entered against the Defendant. For various reasons, Courts often enter default judgments against litigants that were never served with a lawsuit. The reason is that litigants are often served at wrong addresses, and oftentimes (believe it or not) process servers lie about service.
If there is improper service of a summons and complaint, a Defendant can move to “set aside” a judgment (or in other words, get rid of the Judgment) and have an opportunity to litigate his/her case. If not much time has passed since the Judgment was entered (less than 2 years), then a Motion filed by a competent attorney can resolve the matter. However, if more than 2 years have passed since the Judgment was entered, a whole new lawsuit must be filed to get rid of the Judgment. While this may be a costly process, it is beneficial to litigants who are facing Judgments in tens of thousands of dollars to fight those unfair judgments. One must remember that you can fight judgments that are invalid!
What Should I Do If There is a Judgment Entered Against Me and I was Never Served?
The simple answer is: CALL AN ATTORNEY NOW! An experienced attorney can discuss the next steps and help you get justice.
Consult With A Qualified Los Angeles Attorney Now!
If you would like to discuss your Judgment, contact our experienced attorneys at Katz Law now! We are California attorneys located in Los Angeles who have experience dealing with mortgage-related and bankruptcy issues.