Legal Question in Credit and Debt Law in California
Hello, a complaint was filed against me in 09/2012. Its a collections case (3.740) Initially filed a response, as i became overwhelmed by all the rules , i retained an attorney, whom supoosely settled the case, I signed the settlement agreement and got a cashiers check for the settled amount. I thogut it was all settled. and done, untill in october i recieved a notice of entry for default, I tried to contact my attorney, but he was always unreachable '"in trial:" he claimed that he will take care of it but as of today nothing has been filed with the court for me. what should i do?
2/5/2015 10:00AM 02 CV Case Status Review Jgmt Entered C 10/21/14 10/22/14 None None
10/9/2014 10:01AM 13 CV OSC Re: [Other] Set For: C 10/09/14 07/30/14 None None
7/24/2014 10:00AM 02 CV Dism aft Settle;3.1385 Set for OSC re: Dism C 07/24/14 05/23/14 None None
5/22/2014 10:00AM 02 CV Dism aft Settle;3.1385 Continued by Court C 05/22/14 04/07/14 None None
3/27/2014 10:00AM 02 CV OSC:Dism/Rule 3.1385/Settled Continued by Court C 03/27/14 02/07/14 None None
1/27/2014 08:46AM 02 CV Court Trial - Short Cause Settled C 01/27/14 None None None
1/22/2014 01:30PM 02 CV Settlement Conf - Jury Not Settled C 01/22/14 11/07/13 None None
10/22/2013 11:00AM 08 CV Trial Setting Conference Set for S/C & Trial C 10/22/13 09/19/13 None None
9/5/2013 10:01AM 08 CV OSC Re: [Other] Vacated by Court C 09/05/13 07/12/13 None None
7/9/2013 11:00AM 08 CV Trial Setting Conference Set for OSC re: Dism C 07/09/13 04/17/13 None None
4/9/2013 10:00AM 08 CV CMC-Case Management Conf Set For: C 04/09/13 01/23/13 No
1 Answer from Attorneys
Send written letter to attorney with this information indicating that there was a judgment entered against you which may have been a court error inasmuch as it looks like the case was suppose to be dismissed because a settlement was reached. Without knowing what the terms of the settlement were. . . . . i.e. was the case to be dismissed after you paid some money? It is curious to see a Judgment entered. Inform the attorney that if he fails to communicate with you in writing to explain what this means within 5 days you will file a complaint with the State Bar about his failure to communicate with you, and you will seek out another attorney to help you.
As an attorney, if I were to receive a letter from a client like that, I would be JUMPING to attention immediately and handle it. You are giving him a chance to fix his mistake before another attorney gets their hands on it and things get worse.
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