Q: How doninappeal and stop my replevins order?
I was never served. Bank changed attorneys and didn't notify me. I missed court date
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A:
Under California law, you have options to challenge a replevin order, even if you weren't properly served. Missing a court date due to improper notice or service can be grounds for setting aside the judgment.
Your first step should be filing a motion to vacate or set aside the replevin order as soon as possible. You'll need to explain to the court that you weren't properly served and didn't receive notice of the attorney change or court date. Time is critical here - in California, you generally have a limited window to file this motion after discovering the judgment against you. Include any evidence showing the lack of proper service or notice.
While waiting for the motion hearing, you might consider requesting a temporary stay of the replevin order to prevent immediate enforcement. You should gather documentation showing your address history, any communication with the bank or their previous attorney, and proof that you weren't properly notified of the court proceedings. Remember that seeking immediate legal counsel would be very helpful in navigating this process, as procedural requirements in replevin cases can be complex. Legal aid organizations in California might be able to assist if cost is a concern.
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