Legal Question in Credit and Debt Law in California
Default judgment entered, never received a summons
I've recently had a default judgment entered against me in a collections case for over $9,000. The plaintiffs seem to be a ''clearinghouse'' for past due / default accounts, but I cannot info from them on origin of debt (matter of fact they don't answer any letters).
Long story short, I found out about the complaint in August when a local ''credit fix'' company sent me a note saying there was a suit against me. Looking it up online showed a case, review date of 12/2/04 and clerk cert of service mailed on 7/15/04. Having never received the summons, I went to the courthouse (8/12), paid $5 and got a copy of the paperwork. I sent a letter to the attorney asking for details, no response. Then I messed up had the wrong court date.. missed the 12/2 review (so did the other party) and a notice to show cause was issued by Clerk on 12/2 (next hearing 1/19/05). Plaintiff's attorney filed a request for judgment on 12/14. I looked online last week, and judgment had already been entered on 1/10/05 against me.
What steps can I take to vacate the judgment? I never received anything from the court until I sent a letter to other side and cc'd the court. Have to believe if I'd been there on 12/2 this would have been settled in my favor.
3 Answers from Attorneys
Re: Default judgment entered, never received a summons
File a MOtion to Set Aside Judgment, right away. They are not usually granted if more than 6 months.
JOEL SELIK
Attorney at Law
800-894-2889
760-479-1515
702-243-1930
Licensed to Practice Law in California and Nevada Only
Licensed CA Real Estate Broker
LEGAL MATTERS: TRIAL WORK/CIVIL LITIGATION AND APPEALS: Elder Neglect/Abuse/Nursing Home Malpractice, Personal Injury, Contracts, Tax Litigation, Business, Malpractice, Real Estate, and Other Legal Matters
This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.
We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.
JOEL SELIK
Attorney at Law
800-894-2889
760-479-1515
702-243-1930
Licensed to Practice Law in California and Nevada Only
Licensed CA Real Estate Broker
LEGAL MATTERS: TRIAL WORK/CIVIL LITIGATION AND APPEALS: Elder Neglect/Abuse/Nursing Home Malpractice, Personal Injury, Contracts, Tax Litigation, Business, Malpractice, Real Estate, and Other Legal Matters
This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.
We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.
Re: Default judgment entered, never received a summons
As it says right there on the summons, "A letter or phone call will not protect you, your response must be in proper legal form if you want the court to hear your case." Do not write to the court. You need to file a motion to set aside the judgment, and it needs to be in proper form. You can hire a lawyer to file this motion -- but if you owe the $9,000, there may be little point in doing so.
Re: Default judgment entered, never received a summons
A Motion to Quash the Summons or alternatively to set aside the default should be filed. We can help you with this. Please contact our office if you have any questions or need further assistance.
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