Real Estate Law
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Hello, my name is ***** ***** I am a licensed California attorney. The abstract of the judgment is simply the form that is used to enforce a judgment by liening a bank account or real property. Since your sister states that she wasn't served with a summons, the judgment is likely a default judgment, which is one that is entered after the defendant fails to respond to the lawsuit. What your sister needs to do is look at the court file for the case. A copy of the summons would be in the file. There would only be one summons from the service of the complaint, but there should be a notice of entry of judgment as well as other proofs of service that would have indicated to her that she had a legal problem. I would get a copy of the file, and then talk to an attorney about trying to have the judgment set aside. You could also file a motion to quiet title to the real property by removing the lien, but that could be hard to win if the underlying judgment is not vacated. So, the first thing would be to look at the court file, or to hire an attorney to look at the court file and figure out what happened with the underlying lawsuit and whether there are grounds to set the default judgment aside. Once that has happened, you can look into attacking the judgment.
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Hello again. The notice of the abstract is to be sent by the judgment creditor. The County Recorder will return the recorded abstract to the filer of another person if that is indicated on the abstract. If the abstract has your father down as judgment debtor, then the lawsuit most likely included your father unless the judgment creditor filed a motion in court for an order permitting him to enforce the judgment against third parties.
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