Q: A year ago, a credit card company sent notice that I owe a bunch of money. I wrote and spoke to them about how the card had been stolen and the charges were not mine. I also reported the theft to the police and canceled the card. Now out of the blue, I get in the mail a judgment against me for the unpaid credit card bill, but I was not served with any lawsuit. How do I get this put aside?
D.H., Culver City
A: You say you were never served. You should get a copy of the proof of service that indicates otherwise. The court would not enter judgment without filed proof you were served. Also, you ought to get a copy of the complaint.
One way to get a copy of the proof of service is to go online. I believe the case is in Los Angeles Superior Court since you are from Culver City. Type “Los Angeles Superior Court, online access” in the web browser, then click “case access.” It should prompt you to type in the case number, which is listed on the judgment (and which also will indicate which court).
Check the online docket for proof of service. You can get a copy of items by going to “case document images,” which you will see on the case access link; open an account with the court.
Make sure to act promptly. You may have solid grounds to set the judgment aside. So if you have not, consult with knowledgeable counsel. Courts prefer to have cases tried on the merits. If indeed you have good grounds to have judgment vacated, you may also be in position to assert your own claims.
Q: We have a judgment against an individual who we know is well to do, but is not paying. Our impression is that he thinks we won’t be able to find any of his accounts or assets. We could hire a private investigator, but is there some other step that makes sense?
H.W., North Hollywood
A: Apply to the court to take a judgment debtor exam. There is a form you can find online in this regard. You can also utilize a subpoena for records related to the debtor’s accounts, work records, monies owed, wages, income, stocks, checking accounts, etc. The court will probably approve the application for judgment debtor exam, which must be served on the debtor (with the subpoena) 30 days before the exam date.
Note that the exam can be taken under oath, and you can have a court reporter present to transcribe the debtor’s responses. Further, the debtor exam can go forward in a room at the courthouse itself, or you and the debtor can reach some other agreement on the location. At the debtor exam, you can ask all sorts of questions about this gentleman’s assets, accounts, etc., and the subpoena you could serve with the debtor exam order could request quite a few of his records.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.