Legal Question in Credit and Debt Law in California

Default Judgement regarding Debt Collection

Received a default judgement regarding collection of debt. A summon was served by leaving it in front of my apartment. Since, I don't come home every day it was week before I got the summon. I was in shock and lost since I dont recognize this debt I'm being sued. I contacted a lawyer which promise to help me file a respond for a flat fee. Getting close to what I believe is the 30th day deadline, I couldn't get hold of my lawyer. I called several times to no avail. I immediately post stop payment for his retainer fee. Now I'm stuck with a default judgement and don't know what to do! I heard about vacating judgement, but how do I do this? Is my reason valid for filing this? Do I need a lawyer?


Asked on 5/14/07, 4:27 pm

3 Answers from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Default Judgement regarding Debt Collection

You need to retain an attorney and file a motion to be relieved from the default. And you need to do it immediately.

Read more
Answered on 5/16/07, 10:49 pm
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: Default Judgement regarding Debt Collection

Have you talked to the lawyer you sent money to about this? He may be able to get the default vacated. If not, you need a lawyer to try to vacate the default. I specialize in this type of work; please feel free to contact me if you would like to discuss this further.

Read more
Answered on 5/14/07, 4:41 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Default Judgement regarding Debt Collection

As long as you can show mistake, surprise, or excusable neglect, and file your motion timely, (i.e. ASAP!) a court probably would set aside the default.

Read more
Answered on 5/14/07, 5:04 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California