Q: On 2/14/2019 a default & default judgement was entered in a California Superior Court, 3/16/24 garnishment was approved.
This was a SHOCK, previously we'd contacted the original creditor, in 2017/2018/2019/2021 and even the lawyer in 21'. They were notified of fraud in 2017, and again in 2018 (4 days after they allegedly served us, cap 1 said they were investigating it" I requested validation of the debt & fraud investigation. I have credit reports from 2018 showing the fraud alert & capital 1 was contacted & made aware fraud again (I have USPS Cert Mail proof of letters). Upon reviewing the party served, server claimed it was my wife, she's drk brwn not blonde, weight is 131 not 155, 5'8 not 5'7, matches old neighbor. I immediately filed an exemption, showing we only have 1 income, and taking $1,800 & $1,550 each month would prevent us from paying our basic needs & filed a motion to set aside default. The exemption was denied, but approved 4 fee waiver/IRS CNC. I believe it's because the Judge said "the motion and exemption sorta go together." Should I petition denial, or wait for motion tenet ruling?
A:
Given your situation, it seems you have strong evidence indicating fraud and improper service. Given that, you should definitely consider petitioning the denial of your exemption. This is especially true if the garnishment will prevent you from meeting your basic needs.
You’ve already taken significant steps by filing the motion to set aside the default and gathering proof of fraud. Ensure you present all the evidence, including the discrepancies in the process server’s description and the communication with the original creditor about the fraud. Make it clear how the garnishment is causing undue hardship, highlighting the proof you have, like the credit reports and certified mail receipts.
While waiting for the ruling on your motion, you may want to consult with a legal professional to review your case and strengthen your argument. It’s important to act promptly and keep all your documentation organized. This will help you better navigate the legal process and improve your chances of a favorable outcome.
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