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CalAttorney2
CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I recently approached my employee pension fund with the intention

Customer Question

I recently approached my employee pension fund with the intention of applying for a partial distribution. To my surprise, the Fund administrator contacted me and revealed that a joinder was attached to my pension from a divorce back in 2002. I don't recall having ever received a summons regarding that issue at the time (I was in Tenn, and the divorce took place in Los Angeles) and when I reviewed the paperwork the pension sent me, I noticed that the ex-wife, who filed the joinder, also filled out the Proof Of Service By Mail paperwork. I was under the assumption a person can't process serve and be a party to a cause of action. And how does that affect a judgement I had no knowledge of? Would that issue be helpful if I file a motion to vacate the judgement? In addition, the divorce was to be a simple one with no real assets or property to divide, and the joinder paperwork was filed on the day the divorce decree was entered, as I was out of town and not present. There was no other property settlement as a result of the divorce.
Submitted: 2 years ago.
Category: Family Law
Expert:  CalAttorney2 replied 2 years ago.
Yes, this can be used in your motion to set aside - and it is possible to get a motion to set aside granted based on these facts (be aware that you are asking for "extraordinary relief" based on the length of time that has passed since the date of entry of judgment and when you are asking the court to set aside the judgment - however, the court does retain discretion to set aside such a judgment). Based on this, I would definitely recommend hiring counsel if you choose to move forward as this is not a simple motion to set aside (you are well outside the 6 month timeframe when the court would set the judgment aside as a matter of course).You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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