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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10220
Experience:  Civil litigation attorney for individuals and businesses.
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Someone is Claiming that I was served to go to court

Customer Question

Someone is Claiming that I was served to go to court for an eviction that happened 3 years ago and I have heard nothing about this until informed by employer that wages are being garnished soon. How can this be?
JA: The Lawyer will need to help you with this. Anything else I can tell the Lawyer before I connect you two?
Customer: No
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 6 months ago.
Category: Legal
Expert:  CalAttorney2 replied 6 months ago.
Dear Customer,I am sorry to learn of this situation.You will want to get the case information (this will be on the document that your employer received) and actually go to the court house (if you cannot go yourself, pay a process server to go and actually copy the case file - it shouldn't be more than a couple of pages, they will charge you less than $50.00, you can find process servers in the phone book or online).Once you identify the documents for your case you will be much better placed to identify your next steps.Assuming that the case was actually filed against you, you can make a motion to "vacate the judgment" (likely a default judgment), in the court where it was made. This is going to be "extraordinary relief" given the fact that it happened over 3 years ago, but you can make it based on the fact that you were never served. The court will likely have a self help counter (or your local law library will) that can usually give you the forms to help fill out this motion (it is very short, and relatively easy to file).

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