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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Someone my Dad did business with got a default judgment against

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Someone my Dad did business with got a default judgment against me. He is a Sr. I am a Jr. I was never served. How do I get this out of my name?
Hi,

Thank you for your question and I'm very sorry to hear about this situation.

Is the default judgment against you exactly? In other words, it names your name (i.e., John Doe, Jr.) instead of Sr?

How long ago did this occur?

Have you talked to your father about this?

Have you spoken to the person who actually has the judgment?
Customer: replied 3 years ago.


The judgment does not stipulate Sr or Jr. I spoke with the lawyer that the person that got the judgment assigned the judgment to for collection and he said it was against Jr although the judgment doesn't stipulate which one, but somehow or another they have my DOB. I never did business with this person. My dad did and he doesn't live with us and is broke.

Customer: replied 3 years ago.


Oh, and the default was entered in December

I'm sorry to hear this.

What you need to do is file a Motion for Reconsideration in the court that issued the default judgment. In the motion you need to explain your situation. If you can get an affidavit from your father admitting that the debt is his and not yours, this will be useful in getting the court to rehear the matter and allow you to present evidence that you were not bound by any contract to the creditor.

You file the motion under California Code of Civil Procedure Section 1008. Here is a resource you can use to draft the motion, which also has a form of the motion in it. http://www.1215.org/lawnotes/matthew-bender/cpa-158-motions-to-reconsider.htm

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
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