Notification of Judgment Filed - HELP!

Previous | Next
 rated by 0 users
Latest post Tue, Feb 27 2007 3:58 PM by satyrica. 11 replies.
  • Sun, Feb 25 2007 8:41 PM

    • satyrica
    • Not Ranked
    • Joined on Sun, Feb 25 2007
    • Posts 5

    Question [=?] Notification of Judgment Filed - HELP!

    I live in Long Beach, California, and was just mailed a letter
    from the EDD (Employment Development Department) entitled "Notification of Judgment Filed", which states:

    The EDD has filed a Certificate for Summary Judgment to recover the amount due on your benefit overpayment pursuant to Section 1379 of the California Unemployment Insurance Code.

    A copy of the Certificate for Summary Judgment filed with the court is enclosed for your information.

    What they fail to mention is that this "overpayment" occured in June and August of 2001, and their first attempt to notify/contact me was April 2005.

    I don't necessaryily dispute the validity of the overpayment, but this seems to be far out of the SOL?

    The EDD department states "a writ of mandate" is what "others" have filed that claim what I am claiming... to fight the filing.

    I will/can pay the amount, but didn't need a judgment to motivate me, and don't want this on my record... Can I file something to fight their motion? Do I need an attorney? What type do I get?

    The amount they want is $1101.45

    Thanks for any help you all can provide!
  • Sun, Feb 25 2007 10:47 PM In reply to

    re: Notification of Judgment Filed - HELP!

    "this seems to be far out of the SOL?"

    Why do you say that?

    "I will/can pay the amount, but didn't need a judgment to motivate me, and don't want this on my record... Can I file something to fight their motion? Do I need an attorney? What type do I get?"

    I'm not sure what you mean by "my record." If you don't dispute the obligation and can pay it, then pay it. Why would you want to waste $$ on a lawyer?
  • Mon, Feb 26 2007 12:53 AM In reply to

    • satyrica
    • Not Ranked
    • Joined on Sun, Feb 25 2007
    • Posts 5

    Question [=?] re: Notification of Judgment Filed - HELP!

    >"this seems to be far out of the SOL?"
    >
    >Why do you say that?

    What is the statute of limitations for collecting a debt in California?

    >"I will/can pay the amount, but didn't need a judgment to >motivate me, and don't want this on my record... Can I file >something to fight their motion? Do I need an attorney? What >type do I get?"
    >
    >I'm not sure what you mean by "my record." If you don't >dispute the obligation and can pay it, then pay it. Why would >you want to waste $$ on a lawyer?

    I do not want a judgment on my credit report. I can't go back in time. I disagree that as stated on the summary judgment certificate that the EDD has complied with the provisions of Article 4 of Chapter 5 or Part 1 of the Unemployment Insurance Code.

    What is my recourse?
  • Mon, Feb 26 2007 9:45 AM In reply to

    re: Notification of Judgment Filed - HELP!

    1 - I'm guessing the SOL on collecting a UC overpayment is a lot longer than the SOL on ordinary debt.

    2 - Does this certificate of summary judgment come from a court or is it just some scary looking determination of the UC office? Visit the courthouse and check for your case file.

    3 - How long have you been ignoring this? People typically don't get notices of judgments without getting lots of previous notices and process service.

    4 - You can pull your credit reports and see if this is on it.

    5 - If you can pay it, pay it. Make sure you get a written satisfaction of judgment when you bring in the money.
    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Mon, Feb 26 2007 10:23 AM In reply to

    re: Notification of Judgment Filed - HELP!

    There are numerous statutes of limitations that relate to "collecting debt." It's not clear from your post what exactly happened that resulted in a judgment, but I suspect it was some sort of summary proceeding since this is a governmental entity. In any case, the judgment is already entered, and, as you said, you can't go back in time. I doubt this is the sort of thing that will turn up on your credit report. I'm not familiar with the provisions of the UIC to which you referred. If you want to fight this, I suggest consulting with a local attorney.
  • Mon, Feb 26 2007 1:23 PM In reply to

    • satyrica
    • Not Ranked
    • Joined on Sun, Feb 25 2007
    • Posts 5

    re: Notification of Judgment Filed - HELP!

    The paper I received is the first notice of any sort of Judgment or court action I have received. Nothing prior, or since (although I just received this last week).

    It appears to be a "court form" although the clerk of the court signature is blank, and the "notice of entry judgment" section which includes "book no.", "page no.", "at (place)", "on (date)" fields are blank/unsigned/endorsed.

    I live in Los Angeles, and this was "filed" in Sacramento, so I can't visit the courtroom, and don't know where to go from here.

    To touch on why this judgment is/was brought against me, I was allegedly paid more than I "deserved" from the unemployment department when I got laid off back in 2001. They said they "discovered" this and notified me for the first time in Dec. 2005 (although I was not at the address that was notified).

    What is typically done when a summary judgment is filed that wants to be fought, or canceled and settled out of court? Again, I do not want a judgment on my credit report as I have been advised it can take over 100 points off a FICO score.

    Thanks again, in advance,
    Dean
  • Mon, Feb 26 2007 2:06 PM In reply to

    re: Notification of Judgment Filed - HELP!

    Again, it's hard to be too helpful since we can't see the form (and since I'm not familiar with whatever procedures the EDD uses when it claims to have overpaid someone). As I also said, I DOUBT this will turn up on your credit report.

    You probably need to file a motion to set aside the judgment, and I therefore suggest (again) that you contact a local attorney to discuss your options.
  • Mon, Feb 26 2007 4:31 PM In reply to

    Your posts are contradictory ...

    "What they fail to mention is that this "overpayment" occured in June and August of 2001, and their first attempt to notify/contact me was April 2005."

    You later say that the judgment is the first you'd heard of the matter.

    In any event, you'd have to talk with a local attorney about how to go about "fighting" this, e.g., filing an appeal, a motion to set aside/vacate the judgment, etc.


  • Mon, Feb 26 2007 10:51 PM In reply to

    • satyrica
    • Not Ranked
    • Joined on Sun, Feb 25 2007
    • Posts 5

    re: Your posts are contradictory ...

    A previous poster mentioned that before a judgment is filed, other court/judgment related correspondence is often sent. None was, simply the notice that the certificate was filed with the court. First notification of being sued/judgment filed. I am not being contradictory...

    I simply am trying to find recourse for being sued. So far the tone seems to be: pay, accept the judgment, move on.

    Filing a certificate for summary judgment takes into account information from only one party: the plaintiff. Asking for a ruling without other consideration (The defendant). I want to be considered, how is this done? I don't want a judgment filed against me. Why must I accept a bill without justification of the bill and be sued?

    Can someone please advocate on my side, and provide what my recourse is? e.g. DO I file an appeal/how? SHOULD I file a motion to vacate/how? etc.?
  • Tue, Feb 27 2007 12:35 AM In reply to

    re: Your posts are contradictory ...

    Here's the thing...

    IF a lawsuit was filed and you never responded (putting aside whether or not you were actually served or actually received notice), the plaintiff would take your default and then obtain a default judgment. There would NEVER be a summary judgment (in the sense of a motion pursuant to Section 437c of the Code of Civil Procedure) in a case where the defendant did not appear.

    THEREFORE, I can only conclude that EITHER the "summary judgment" refers to some sort of administrative proceeding by the EDD, OR there's something going on here that is completely foreign to me (administrative proceedings involving payment of unemployment benefits are not exactly everyday fare for more lawyers).

    That being the case, it's rather difficult to suggest what your recourse might be. I will therefore suggest (for the third time now) that you consult with a local attorney who handles employment law issues.
  • Tue, Feb 27 2007 12:02 PM In reply to

    re: Your posts are contradictory ...

    "...what my recourse is..."

    I agree that you should consult a local attorney and disagree that this will probably not show on your credit report.
  • Tue, Feb 27 2007 3:58 PM In reply to

    • satyrica
    • Not Ranked
    • Joined on Sun, Feb 25 2007
    • Posts 5

    re: Your posts are contradictory ...

    ca19lawyer2:

    I have been trying to get a referral locally since I first posted here. My local bar assoc. has not gotten back to me, and others keep referring to "different types" of lawyers, from credit, to bankruptcy, to civil, to employment. And I continue to call.

    It seems that this is not commonplace as you stated.

    I wish there were a way to post a snapshot of this certificate for summary judgment document that many/most here feel is an EDD administrative proceeding...It might clear things up.

    I also continue to call the court and speak with a human re: the case # on this document to see if it is valid. Additionally am pulling a credit report to check if it appears there.

    Again, your comments are appreciated,
    Dean
Page 1 of 1 (12 items) | RSS

My Community

Community Membership New Users: Search Community