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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17216
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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how does a judgement get file in the courts without myself

Customer Question

how does a judgement get file in the courts without myself being served and the law firm is aloud to add penalties and int to the debt that was filed 2006 and i have no knowledge of this issue along this judgement is not on my credit
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 3 years ago.

WALLSTREETESQ :

A judgment cannot be issued without you being served or given notice of a Court proceeding,

WALLSTREETESQ :

if any judgment was issued, you can go to the Court where it was made, and file a motion to vacate

WALLSTREETESQ :

arguing the case should be thrown out due to the fact

WALLSTREETESQ :

you were not served, they would have to prove that service was made.

WALLSTREETESQ :

The motion to vacate would be filed under California Code of Civil Procedure section 473, subdivision (d). Proper use of this motion can be of great help to a defendant against whom a void judgment has been entered.

A judgment may be void as a matter of law due to (1) lack of subject matter jurisdiction, (2) lack of personal jurisdiction, (3) lack of or improper service of summons, (4) default improperly entered, and (5) a default judgment exceeding the amount demanded in the complaint.

Code of Civil Procedure section 473, subdivision (d) states that, “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.”

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