Question about Vacating Judgment

QuestionsQuestion about Vacating Judgment
asked 4 years ago

I’ve had this judgment on one of my credit reports since 2009. It was from an account that was opened fraudulently. I sent the OC my police report when I first learned of the theft and they ceased all collection attempts and apparently instructed the CA from doing the same. I have not been able to get this judgment removed from the credit bureau even with my police report and theft affidavit for all these years. The CA that filed the judgment is no longer in business and I was not ever able to contact them to have them vacate the judgment. It has since been substituted to another CA. I called the OC today and they have no information on it, they told me to contact the CA. I contacted the CA & they don’t have much information either. They told me to get copies of the paperwork from the court and see how it was served on me and they can try to have it vacated that way. The CA said since they aren’t the ones that originally filed the judgment they don’t have all of that information. (not sure if it is true that they don’t have any info!)

 

Anyways, I checked the case number online and am wondering if anyone knows if I can have a chance of having it vacated myself instead of waiting around for the CA to “try” to help me take care of it. Just based on the filings, it looks like there are some things that don’t look right. I was not ever served with any of this, btw. Here is what the court website shows:

 

11/15/2011 SUBSTITUTION OF ATTORNEY FILED
09/21/2009 CASE MANAGEMENT STATEMENT FILED
09/10/2009 DEFAULT JUDGMENT BY CLERK
09/10/2009 HEARING DELETED – OFF CALENDAR
09/08/2009 DISMISSAL AS TO DOES 1 TO 10 ONLY WITHOUT PREJUDICE FILED. 09/08/2009 CCP 585 DECLARATION FILED.
09/08/2009 EXHIBITS IN SUPPORT OF JUDGMENT FILED.
09/08/2009 REQUEST FOR DEFAULT FILED AND ENTERED
09/08/2009 SUBMISSION FOR CLERK’S CIVIL JUDGMENT PENDING
04/13/2009 PROOF OF SERVICE TO COMPLAINT FILED
04/07/2009 OSC SET 10/05/09, 0830 AM, DEPT. 106, NOTICE FILED & MAILED * * DELETED 04/02/2009 COMPLAINT FILED – COLLECTION CASE
04/02/2009 SUMMONS FILED

 

From what I can read, it looks like there was originally a court date scheduled for 10/05/09  and then they deleted it for some reason.

Then on 09/08/2009 they requested for Default (even though there was no court hearing??)

Then on 09/08/2009 they also requested to have the case dismissed without prejudice. 

Two days later on 09/10/2009 the hearing was deleted (I still do not know what hearing, because the only hearing date I see was on 10/5 and was deleted)

Same day 09/10/2009 A default judgment was issued by the clerk. (Again, how can they request default if there wasn’t a hearing??)

 

Does anyone have any suggestions? Do you think I can go in and request to vacate based on the fact that I was not ever served and that this was a fraudulent accout to begin with? Or should I just stay on top of the CA right now and see if they will vacate it?

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