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Michael Lykken, Esq
Michael Lykken, Esq,
Category: Real Estate Law
Satisfied Customers: 103
Experience:  Partner at Soares & Lykken, Attorneys at Law
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My sister received an abstract of judgement. The notice of

Customer Question

My sister received an abstract of judgement. The notice of involuntary lien indicates that the judgment was entered on 9/19/2012 and that the judgement creditor applied for the abstract in July of 2015. The abstract issue date is 10/01/15 and my sister received the notice on 10/26/15. My sister did not receive a summons in 2012 or 2015. My first question is why is there such a large gap in time? If my sister believes the debt is a result of fraud but the creditor refuses to give her any debt validation, is there anything she can do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Michael Lykken, Esq replied 1 year ago.

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.

Expert:  Michael Lykken, Esq replied 1 year ago.

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Customer: replied 1 year ago.
Thanks. I did have two more questions. 1) Does the county registrar or court send notification of the judgement or any other documentation? My sister didn't receive anything from anyone regarding this matter. 2) The abstract list my father as well. Is the judgement for both of them and can they both be sued together (this is the first he is hearing of this as well).
Expert:  Michael Lykken, Esq replied 1 year ago.

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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