Old Debt in Sacramento, CA
Posted on : 15-05-2008 | By : Legal Information | In : Bankruptcy & Debt, Credit Card Debt, Credit Score, Garnishment of wages, Other Legal Topics
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I received a Judgement in the mail for a debt that shows on an account for a Discover Credit Card Account in 1998. It appears that a hearing occurred in Sacramento, CA. I had no knowledge of this court date and I live in Southern California. I think it is about a 5 hour drive to Sacramento. This is not my debt but the judgement say’s they are going to take it out of my bank account anyway. How can they do that. What do I do now? I should not have to pay some one else’s 10 year old bill?
Did you ever receive a summons from the court in Sacramento? Have you ever received any correspondence from Discover? What does the judgement say exactly? Are there any instructions on how to challenge the judgement?
No I never recieved anything abouut a court date or anything from discover. The judgement say’s they can take money out of my bank account. It it gives no alternitives as to how to prove this is not my debt. The judgement is almost 10 years old.
I would call the court in Sacramento and tell them they made a mistake for this judgement. They should be able to advise you on how to appeal or strike the judgement against you. I would also try and find the Sacramento court website and do a little research if you can.
If that doesn’t work, you will need to get a lawyer most likely. I would look for a bankruptcy or credit type lawyer.
I also found this on the California Court website on how to appeal a judgement. http://www.scselfservice.org/civ/general/following.htm#appeal
How to appeal your judgment:
Sometimes, you can appeal your judgment. Do this if you think it’s worth your time and effort.
You can’t appeal every judgment or issue in your trial. You can only appeal a final judgment, or an order. You might have to do some research to find out if you can appeal your judgment. Ask a lawyer for help.
In an appeal, you don’t have to present your case all over again. The appellate court will only look at the mistakes the court made. The appeals court has to say that the mistakes changed how the case turned out. The court won’t look at the facts again. It’ll just look at the trial record.
Your appeal depends on what kind of case you want to appeal:
Limited Jurisdiction: (worth up to $25,000)
If you appeal a limited jurisdiction case, it goes to the appellate division of the Superior Court.
The California Code of Civil Procedure section 904.2 says what types of limited jurisdiction cases you can appeal. California Rules of Court 8.700 – 8.709 describes how an appeal works.
Unlimited Jurisdiction: (worth more than $25,000)
The first step to filing an appeal for an unlimited jurisdiction case is to file the Notice of Appeal with the Superior Court clerk.
You have 60 days to file the notice after the clerk mails you the judgment, or the date the judgment was served.
See California Rules of Court Rule 8.104 and Rule 8.108.
No matter what kind of case you appeal, you’ll need help from a lawyer to finish every step in time.