Riverside, CA asked in Bankruptcy and Landlord - Tenant for California

Q: I got a judgement against me, but was not served .

Record show that they served me by mail, yet at the time my mailbox for my apartment have been vandalized and was down for a while until the post office came in put in a new mailbox. I had no mail coming in. I never received the summons even when the mail was all delivered once the box was in working order again.

I also filed Chapter 13 just over a month or so ago.

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: List the judgment in your 13 as disputed and contested, then wait to see if they file a proof of claim.

Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: Several issues arise in this matter which you have not mentioned in your question. When did the creditor's claim arise: before or after you filed bankruptcy. (Not the judgment but when you knew this was a potential debt.) Was the creditor listed in your bankruptcy? Has your plan been confirmed in your bankruptcy? All these issues and others need to be reviewed before solutions can be discussed. I urge you to get assistance from local attorney.

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