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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27369
Experience:  Began practicing law in 1992
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I took my ex to small claims court because he stole my dog.

Customer Question

I took my ex to small claims court because he stole my dog. He didnt even show up and the I received my judgment andminute order, however online it states

15."Mail Returned Undeliverable (Minute Order returned: No such Number) received from The Superior Court of Ventura on 05/06/2013".

Does this mean i need to serve him the papers its been almost 30 days since the judgment was mailed I just want my dog back I am worried I will have to wait longer because of this?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Did he show up for the hearing?

Customer :

No he did not show up to court at all

JD 1992 :

Then the judgment is still effective even if he didn't receive it since he defaulted. If you had known earlier then you may have wanted to have him served just to prevent any arguments but realistically since it is a default judgment it shouldn't matter.

Customer :

so even though the mail was "returned" It was still sent out by the county clerk it still counts. So since the judgment was entered on 5/2 and it states " Brendan Borgstedte must return the dog, Stella, and $30 to Anne Lopez" then on June 1st the judgment will become final and I can actually have the judgment enforced and actually get my dog back then?

JD 1992 :

Yes, that is correct. He might be able to appeal and argue he didn't get notice of the judgment to extend the time for appeal but that's not really likely to occur since he defaulted on the case.

JD 1992 :

Yes, that is correct on what should happen.

Customer :

Ok because during one of the times I tried to get her back and had officers to keep the peace, he claimed he didnt go to court because he was not served properly and that he was going to file a motion to vacate and appeal, however I had proof of service and the officer explained that while he did not physically take the initial court order to go to court he was still served properly. So he admitted that he knew what the judgment was and recieved the info in the mail. On june 1st then am I allowed to go there with law enforcement and get my dog back or how should I go about it?

JD 1992 :

Yes you should be able to go and get your dog back. The court order is in effect until it is reversed and so he is obligated to abide by it. He can then file a Motion to vacate or whatever but the court order is still in place until something says it is not.

Customer :

Ok I still have to wait out the 30 days though correct? and since he just didnt show up how likely do you think it is that he could even get the judgment vacated if he did file?

JD 1992 :

Yes, the order isn't final for 30 days. I think it is unlikely he would be able to get the judgment vacated. The courts don't like to do that after a default.

Customer :

ok again sorry but even though he tried to return the mail or tried not to accept it the judgment is still valid and while it says
"No such number" he does live there so it is all still valid and I do not need to personallyhave him served or anything?

JD 1992 :

No, not necessary. You can but it isn't necessary since he likely refused the mail.

JD 1992 :

Anything else I can assist with?

JD 1992 :

It looks like you are offline so I'm going to exit and assist others.

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information. Also, issuing a positive rating keeps the question from “timing out” so you can return in the future if you think of a follow up.

However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you on a future question just put “FOR JD 1992” in the subject line and I will pick up as soon as I see it.

Expert:  Dwayne B. replied 1 year ago.
Please don't forget to issue a rating so I get credit for my work.

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Dwayne B.
Dwayne B.
13285 Satisfied Customers
Began practicing law in 1992