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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100033
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Our Credit Card company sent us a letter explaining an

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Our Credit Card company sent us a letter explaining an attorney had subpoenaed our records. Not knowing what this was about I called the number on the subpoena and was told my wife had a judgment against her in 2005 before we got married. We went to the court house and got a copy of the case. It was for a repossessed car she had turned in in 2002. She was never served paper to go to small claims court. The documents stated papers were served to a male at her residence with the same last name (Garcia). She had actually moved from that address several months prior where she lived with a female room mate who was getting married. She does not know who this person that was served was and never was notified of the small claims court case. Had she known about it, she would have appeared in court because she has a signed pink-slip from the finance company releasing her of any claims. What can we do to correct this.
Submitted: 2 months ago.
Category: Legal
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Because this was back in 2002, it may not be possible to "undo" the judgment at this point. Regardless if she wants to attempt it, then someone in her situation then wants to:

1) File a Motion to Quash, in an attempt to quash the subpoena,

2) File a Motion to Stay to ask the Court to suspend enforcement of any judgment, and

3) File a Motion to Vacate Judgment based on events materially affecting the substantial rights of the party and entitling the party to a different judgment." See Ca Civ Proc § 663.

Her attorney may decide that a different pleading and/or argument may make a better case, depending on the nuances.

Good luck.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 2 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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