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Question

My mother (85 years old) was improperly served. She has been living with me for the past three years. The case (creditor) went to court without her knowledge and the credtor won by default. Which docs do I file with the court to dismiss the lawsuit based on improper service?

Submitted: 17 days and 9 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: California

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A lawyer which costs too much I've been researching legal forms

Accepted Answer

hi

 

you need to file a Motion/Request to Cancel Judgment - form SC-108. where it asks you to state why - explain there was lack of or improper service.

 

and you will need to make sure that anything you file in this matter is properly served on the creditor and also file the Notice form SC-.form 135 you dont want them to be able to have it dismissed based on improper service.

 

and you also need to file form SC - 108A for the Order so the court can sign it if they agree with you

 

 



Edited by Sam on 11/4/2009 at 11:51 PM

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Expert: Sam
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Answered: 11/4/2009

Attorney at Law

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