Legal Question in Credit and Debt Law in California

i defaulted on a credit card and made arrangements directly with the cc companies lawyers to pay off the debt. this was when they first tried to sue me. i then defaulted on the arrangement and now they have filed a "notice of motion and motion to vacate..." they deliverd this to my grandmother's home in april (which i do not live at) and the court date is set for Aug 19th. my question is do i just show up to court? or was i suppose to file something or respond? i cant pay the judgement but would like an opportunity to at least have my side heard. the debt has already been charged off for over a yr now and my credit is destroyed. Even if i paid it, that would not change what has been reported on my credit. what else do they want from me????


Asked on 7/23/14, 10:58 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

What they're asking the court to do is set aside the dismissal and enter judgment against you, so that they could attempt to collect under the auspices of the court. You haven't paid all the money that you promised to pay, so they are doing as you had agreed they may do. If you pay the money now, then they likely will take the matter off calendar and not obtain a judgment against you, which could be another ding on your credit report.

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Answered on 7/23/14, 1:15 pm


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