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I was informed for the first time on 6/10/10 that I was supposedly…

Customer Question
I was informed for the...
I was informed for the first time on 6/10/10 that I was supposedly served in Dec. 97 by San Diego County in CA...I moved away from CA. in 1995.
I am low income and do not have funds for an attorney.
Do you have any suggestions?
Submitted: 8 years ago.Category: Legal
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Answered in 2 minutes by:
6/12/2010
Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27,690
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-What were you served with?

What type of case is this and what are you now being asked to do?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.

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Customer reply replied 8 years ago

My oldest daughter spent time in foster care. San Diego DCSS is responsible for the molestation and repeated rape of my daughter while in foster care and never billed me for the foster care. My ex husband attempted to have DCSS take child support from me on his behalf in 97 and I believe he is responsible for giving them false infomation (my old address, etc.) in order to make sure I was not able to defend myself in court and I would be garnished. I hired a lawyer in 2000 to fight my ex in court over child support and won but the papers sent to my employer from 2006 are partially concerning him.

I never knew I had been served by San Diego nor did I have a clue as to why they were garnishing my wages or confiscating my income tax returns arbitrarily.

Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago

Dear JACUSTOMER - The problem is that it is too late to contest the judgment and, unless you didn't owe the support the court would not rehear the case just to come to the same conclusion. There may be a technical reason for claiming bad service but if the facts are the same the result will be the same. Generally you have to contest a decision within a year. It would cost a small fortune to hire a CA attorney to contest this, especially if you are out of state and I know of no free legal services that would take on something like this.

 

Obviously you knew you were being garnished so the court would say that it was your responsibility to have contested this long ago.

 

Dave Kennett

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Customer reply replied 8 years ago
If I did not have any knowlege of being served and when I called San Diego to contest the matter, only to be told that they did not want to hear my complaint, how can it be that I can not fix this now that I finally find out. It is not my fault that I was not allowed to have the information within a year...I found out only this past week.
Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago

As I said, you can certainly hire an attorney to try to vacate the judgment. It will be very expensive and you indicated that you didn't have a lot of money so I was just trying to be practical. It is very difficult after more than a year to get a judgment overturned but it is possible. It all depend on how much you want to spend to try.

 

If you want to try to do this on your own then you will have to prepare all of your documents and file them in CA and then have the expense of traveling there for the hearing.

 

Dave

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Customer reply replied 8 years ago

I am a bit surprised in your replies and regret the time I have wasted.

 

I am not a lawyer but do know that I could appear telephonically for a hearing. I also know that San Diego is liable for records being altered and I know that if I were not allowed to have the infomation then the County of San Diego is open to a very large civil suit.

 

I am not satisfied with the answers you have given, partly because you have contradicted yourself and because you seem to think I should just give up and be run over just because of my income statusw.

 

Hopefully you supply better answers to others.

Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago

I am sorry you feel that way but I was trying to explain how difficult it is to get a judgment overturned under the best of circumstances. I don't make the laws and can only explain how they operate. In order to vacate a judgment it generally must be done within a year of the filing of the judgment. Sometimes under extraordinary circumstances a court will vacate a judgment after that time but it is very rare.

 

You were the one who said you couldn't afford an attorney so I presumed you wanted to know if there was a reasonable chance of solving the problem on your own. Personally, based on my experience I don't believe there is but you always have a right to go to court. I'm not certain what you want me to say but I answered what I thought you wanted.to know.

 

You have no obligation to accept my answer but I'm quite certain most other lawyers will tell you the same thing.

 

Dave

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