Legal Question in Credit and Debt Law in California

Re: Do They Have The Right!

I have had a similar case in which my client failed to answer a complaint with in 30 days because she thought that she had to appear at the Case Management COnference which was schedlued 90 days out. A default judgment may be entered in your case if you failed to file and "answer" in 30 days. You may be able to have the judgment set asside. Call me directly at (619) 222-3504.

Re: Do They Have The Right!

You need to post a LOT more detail about this case in order to receive a worthwhile response. What type of case is it? What court was it filed it? Small claims? Superior Court? What type of hearing was it? Did you respond to the lawsuit?

There can be many situations where a court can enter judgment before a court date without you being there. If you were required to file a written response with the court when one was required, it would be possible to obtain a default judgment against you.

Some courts schedule a status conference when the lawsuit is filed and the plaintiff must serve you with the notice of the status conference along with the summons & complaint. But if you don't file a response to the lawsuit, they can get a default judgment against you before the hearing.

There are many other situations where a judgment might happen before a hearing, so you need to post more details.

Re: Do They Have The Right!

It's not so much whether the court had "the legal right" to enter judgment (which, as attorney Starrett pointed out, nobody can answer on these limited facts) but whether you would have the right to have the judgment set aside if you were to file a timely motion, say, under Section 473 of the Cal. Code of Civil Procedure. If it's a debt, and you owe the money, then probably not.