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Roger, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31731
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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As a follow up. My wife was served with an Application for

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As a follow up. My wife was served with an Application for Order to Appear for Examination as the Judgement Debtor. We were never served with the original trial (judgement). Could it have occurred with us in absentia? Can we request the original judgement or whatever the outcome of the original trial?
Hi -

Sorry for the delay. I've been traveling today.

The only way for a judgment debtor exam can take place is if a judgment was entered against her. Thus, there inevitably will be a judgment against her.

It should not have been taken against her in her absence. She should have been served with process in order to make the judgment legitimate.

The judgment debtor exam notice usually states the name and style of the judgment, including the county in which the judgment was entered. If it doesn't, you have a right to obtain a copy of the judgment - and possibly to challenge it if she wasn't served property - or at all.

Customer: replied 5 years ago.
I believe we need three documents
* Signed personal guarantee for the debt
* Process service for original trial
* Judgment

How do I obtain these? The Examination order came from Sacramento. Should I assume that this is where the trial took place. Can I obtain these records even though my wife is party to the case?


If these documents are a part of the court file - which is possible - you can get a copy as it is public record.

Sacramento is a good place to start if that's where the docs came from.
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