Legal Question in Credit and Debt Law in California
Debt collection
Last year I received notification of a default judgment against me from a debt collector's lawyer. Thinking this is the first time I was contacted, (I hadn't received any other written correspondence), I wrote a demand letter.
The lawyer wrote back stating my 30 day window had expired and she was waiting for the judge, and she didn't have to validate the debt. I wrote her back and stated that I never received notice of a court date, but never heard anything back from her.
Three weeks ago, I get a notice in the mail stating an Abstract Judgment was filed against me, and a lien placed on me.
I know that you only have up to 30 days to dispute a judgment up to 180 days...however, since I didn't receive any initial correspondence from the debt collector, and assumed that the info from the lawyer was their first time contacting me, do I have a valid reason to file a motion to vacate the judgment?
1 Answer from Attorneys
Re: Debt collection
You have 180 days from the entry of the judgment, but under Code of Civil Procedure section 473(b), you will have to show excusable neglect, surprise, inadvertence, etc., for not contesting the original lawsuit. Also, you will also have to provide proof to the court that you exercised diligence in filing your motion to set aside the judgment and default, and attach a copy of your proposed answer to the lawsuit.
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