Sacramento, CA asked in Collections for California

Q: Is there anything I can do about a judgment against me even though I was never served papers?

My car payment was 10 days late, when my car was repossessed. The company later got a judgment against me, but I was never served papers and never given the opportunity to defend myself.

Related Topics:
1 Lawyer Answer
Sergio G. Chaidez
Sergio G. Chaidez
  • Collections Lawyer
  • San Diego, CA
  • Licensed in California

A: Yes, there is something you can do. But you have to act quickly. The creditor must properly serve you with the lawsuit before it can get a judgment. If you never were served with the papers, and you did not learn of the lawsuit in time to defend, then you can try to vacate the judgement. Vacating the judgement "erases" the judgment and lets you defend yourself. To do so, you can file a motion, but you should act quickly.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.