Legal Question in Bankruptcy in California

Default Judgment Against Adversary Party in BK Action

My parents are involved in a BK action in CA. They have a safe deposit box with family jewelery in it. I have also been a signatory for 10 yrs of so and the jewerly (it our family for generations) was held there for me and my sister - as its too precious to wear - especially since we were younger when my mom first got it from her mom. After the BK action was instituted, I wrote the bank in which the safe deposit box was held indicating that the jewelery was at least part mine and asked how to proceed. The bank therefter refused to release the box to the trustee. The trustee thereafter institued a suit against the bank, my parents and me. I have been named as a ''Defendant'' and apparently a ''default judgment'' has been entered against me as I never appeared in the matter. I live in NY, and just dont want to get involved in any of this - I dont understand what this default judgment means? Do I need to respond to it? Any advise or assistance would be most appreciated.


Asked on 6/23/04, 9:05 pm

2 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Default Judgment Against Adversary Party in BK Action

You don't respond to a default judgment; a default judgment is what results when you don't respond to a summons and complaint. You've lost. Unless you have some basis to overturn the default judgment, such as insufficient notice or something like that.

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Answered on 6/23/04, 9:08 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Default Judgment Against Adversary Party in BK Action

If you were "properly served" and ignored the summons, you have lost the opportunity to defend your interest in the jewelry and it may get sold to pay creditors. If you were not properly served, you MUST respond to the default judgment by filing an "order to show cause" in the CA BK court, to vacate the judgment BEFORE the jewelry is sold. Hire an atty ASAP or you will lose these precious family jewels. In fact, even if you were properly served, hire a CA atty to fight the default judgment and present your case to judge.

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Answered on 6/24/04, 9:30 am


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