Legal Question in Credit and Debt Law in California
Case Management Statement in Superior Court?
I had a vehicle repossesed in Oct '03. In March '05 I started to recieve letters from a law firm attempting to collect the balance of the loan. Recently I recieved notice from the law firm they have filed a case management statement in superior court due to be heard in January '06
What is a case management statement? Do I need to respond to this, and if so how? Is this a preclude to a judgement, and ultimately a garnishment? the balance is close to $15,000, and I can't afford to pay anything, I am a struggling single mother living paycheck to paycheck.
2 Answers from Attorneys
Re: Case Management Statement in Superior Court?
The case management statement means that they filed a lawsuit against you, and the court needs to be apprised of the progress of the lawsuit. Therefore, if you haven't filed an answer with the court to the complaint with which they probably say you were served, you should do so. The court has a fee waiver form as well if you meet certain financial criteria. You should have received by hand a copy of the summons and complaint and, if not, perhaps another adult in your home received it. Often, the creditors would be willing to negotiate with the borrow, but only if you answer the complaint. That way, you will have some leverage. Otherwise, if they get a judgment against you because you didn't answer (default), they could take money from your wages and/or bank accounts, among other things.
Re: Case Management Statement in Superior Court?
a case management conference is just a procedural step in a lawsuit. it simply means that the court sets up the formal proceedings agenda based on how the lawsuit is progressing, or not progressing, to date. there is a very good possibility that the case could even settle at this conference if you have properly followed court procedure yourself (i.e. answering the complaint to preserve your rights). if you are just finding out about the lawsuit, you may have an argument that you were never served process correctly, and this would give you more time to plan a defense to the action against you. if you have no money or assets per se, you may in fact be "bullet proof" as far as a judgment or collection activity goes thereafter. your BEST option here would be to consult with an attorney to give them a full understanding of your case and personal situation. thereafter, you will have a good, sound strategy to defend this action against you regarding your alleged balance still owed. you do NOT want to delay here, especially to preserve your rights. you may contact us today for a free legal consultation.