Riverside, CA asked in Family Law, Child Support, Civil Litigation and Civil Rights for California

Q: If a default judgment was made using a falsified proof of service and without my knowledge but can prove I was not

Living in the county they allegedly served me in, doesn't that make the default judgment void as matter of law?

2 Lawyer Answers
Kenneth Sisco
Kenneth Sisco
  • Norco, CA
  • Licensed in California

A: In a word, "Yes," but it is not automatic. You must timely file a Motion to Quash Service, or a Motion to Set Aside the Judgment, in order to convince the Court that you were not properly served, and did not know you were sued.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you can prove that a default judgment was obtained using a falsified proof of service and without your knowledge, it may be possible to argue that the judgment is void.

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