Oakland, CA asked in Collections for California

Q: What are my options regarding a false claim that leads to a default judgment I never knew existed?

I just found out last week (10/02/15) via "wage garnishment" that I had been sued by my father (who has been and still is in prison since 1999) and he had won due to a default judgement. I have never been notified or served by anyone. I knew nothing of this case. A day after the first garnishment, I received papers in the mail about the case. Supposedly there was supposed to be a contract (which was included in the paperwork) between us about an amount of money given to me by him. The contract is laughable, fake, and my signature is nowhere on the contract. What are my options to stop this ridiculous garnishment? This is really ruining my life and it's only been 2 checks thus far (I get paid weekly). Also, he now has my social security number. No knowledge of how. Should I be concerned?

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1 Lawyer Answer
Barry L. Adams
Barry L. Adams
  • Huntington Beach, CA
  • Licensed in California

A: You need to hire an attorney to file a motion to set aside the judgment based upon your lack of service. You should go to the courthouse and get copies of all of the relevant documents to give to your attorney. Yes, you should be concerned.

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