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
Answered
  • 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
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Answered
  • 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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