Sacramento - Judge refuses to set aside default

[mitchell172]

Here goes....one day when checking my mail I received a copy of a "request for default judgment" from some lawyers in Concord, CA (I think it was) representing Discover Card. I had never been served in this case so I called the court the same day to see if it was indeed filed and at that time, it wasn't. I called back in a few days and the court then said it had been filed. I told them I hadn't been served, so I went to the clerk's office and they gave me a copy of the proof of service. I then filed a motion to dismiss due to improper service stating that I had zero knowledge of the case until I received the copy of default. I got a copy of the opposing counsel's opposition to the motion. They even have a statement from the process server saying they did serve me at my house and tried to give a description of me although vague. They said I was a Caucasian male (true), 5'10" (I'm 5'11" - 6 foot so that is close), brown hair (actually dark brown with grey standing up in the air to get specific with facial hair) and 190 pounds (I'm about 230). There is NO way I would ever be mistaken for 190 pounds, I'm a broad guy and also have a noticeable scar on the left side of my face. There were probably some punk kids hanging out in front of my house in River Park who live next door or across the street and thought it would be funny. My boss even signed a declaration I provided to the court stating that I was with him that evening in a meeting.

The judge denied the motion and said I should file a motion to set aside default in his initial ruling. I then hired a lawyer to argue the initial denial. He did and then we filed the motion to set aside default so we could have a chance to answer the complaint. The judge then denied this new motion in his initial ruling so my lawyer went again to argue the motion. The judge took it under submission and then submitted his final ruling in writing and denied it again. Wow! I was never served and he doesn't care. Apparently there is nothing I can do to fight this. If they come after me, I can file a lawsuit against the process server and lawyer for abuse of process but I don't want to wake the giant up just yet until I see what they do.

Am I stuck? From what I understand I am.

Thanks,
Brad in Sacramento, CA

 

[lawdog]

Hey, I'm in Sac and this happened to me too! Maybe I can help.

Brad,

This happened to me here locally too. I won't say which process server did this locally online, but the scenario is eerily similar. I'm in the process of setting aside the default and perhaps we can help each other out.

I'm going to message you with my contact info.

 

[YSPS]

Judges

TO BRAD WHO HAD A HARD TIME WITH A JUDGE IN SACRAMENTO. I HAD A CIVIL LAW SUIT RE: MY NEIGHBORS. BAD ENCROACHMENT. CALLED VIRGINIA CREEPER. IT GREW UNDER MY VINAL SIDING, INTO MY BEDROOM JUST EVERY WHERE. IN A TENTATIVE RULING JUDGE McMASTERS WROTE THE TENTATIVE RULING IN POETRY FORM. THIS HAS CAUSED SO MANNY PROBLEMS FOR ME. SINCE THERE ARE LAW WE AS NORMAL CITIZENS HAVE TO FOLLOW SO ARE THE CANNONS WHICH ARE RULES JUDGES HAVE TO FOLLOW. SO THIS IS JUSTICE.???????