Legal Question in Credit and Debt Law in California

Default for personal loan collection, waiting on opposing side to set aside?

Have a default of 45+ days but our attorney said to let them file motion to set it aside and proceed, still waiting in the meantime opposing side transfered his interest in his property for much less than market value and hid the money, still waiting on attorney to request a judgment and still waiting, when pushed he decides to delay it even further by saying they are going to file the motion to set aside default, what is the problem, because there is no judgment filed we have no legal standing to contest the transfer correct? also would that property transfer motion of fraud be filed in the county the property is in or the county of the loan that is the subject of the default we obtained for failure to repay on personal loan of 15,000.00? Now attorney has decided to quit because his feelings are hurt that we would lose confidence in his abilities based on his bad judgment, he should have filed the request for judgment when they failed to file for default to be set aside which is long past due more than 45 days since default. He is also handling a simple car accident where I am defendant and he said he can not force the opposing side to respond to his settlement offer or respond to interrogatories what about compelling a respon


Asked on 11/14/05, 6:37 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Default for personal loan collection, waiting on opposing side to set aside?

1. Just because the opposing side MIGHT file a request to set aside the default is not a sufficient reason to delay requesting a judgment. With a judgment, you can file liens on their property and go after them to try to collect the judgment. However, you might incur attorney fees to oppose a motion to set aside.

2. You don't need to have a final judgment to have standing to sue to stop a fraudulent transfer. With respect to real property, that lawsuit would be filed in the county where the property is located.

3. Your former attorney is correct in that he cannot force them to respond to a settlement offer. However, you can file a motion to compel if the other side fails to respond to interrogatories. The court has also award you sanctions if appropriate cases.

If you need further assistance, feel free to contact my office.

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Answered on 11/14/05, 7:09 pm


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