Legal Question in Credit and Debt Law in California
I had an abstract judgement placed against me for a very old credit card debt, that was past statue for collecting. I tried filing my answer in court but was constantly blocked by the clerk due to my inexperience and as a consequence was not able to file an answer on time. To make matters worse, i missed filing my answer for appeal as well. what i'd like to know ...can i still fight this? what can i expect to happen next?
1 Answer from Attorneys
There aren't enough clear facts in what you posted to answer this question definitively. It sounds as if the Court has entered judgment against you, and an abstract issued which is a lien against all property you own in the county in which it is recorded. As such, you can expect the creditor to begin collection efforts which might include wage garnishment, bank levies, personal property levies, judgment debtor examinations - a whole host of things that will make your life miserable.
In California, you may have the ability to set aside the default judgment (if, in fact that is how the judgment was entered), but the time frame in which to do so is very, very short. You generally have only six months from the date it is entered (the default) to seek to set it aside. You must have grounds to set it aside such as mistake, inadvertance or fraud. I've not seen many people accomplish this without being represented by an attorney, so your first step is to find and hire a litigation attorney to handle this for you. That attorney can then determine if you are within the timeframe to set aside the default or not, and take the appropriate action.
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