Legal Question in Credit and Debt Law in California

Why Dismiss

last year I defaulted on many credit accounts due economic hardship encountered in my line of work. I was suid by a credit card company claiming injust enrichment and breach iof contract. I received the summons 45 days after it was filed. I did not have th resources to answer the summons and the credit card company filed a entry of default and a dismissal without prejudice at the same time. I m confussed.


Asked on 12/20/07, 11:08 am

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

Re: Why Dismiss

When an attorney files a collection lawsuit, they will name "DOE" defendants. It's used as a placeholder in case there are other debtors unknown to the plaintiff so they can be added in later.

I judgment generally must completely terminate the case and resolve all issue. This means they plaintiff must dismissall the DOE defendants before getting the final default judgment. What you received was probably a dismissal as to the doe defendants only. The probably submitted papers to get a judgment against you.

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Answered on 12/20/07, 1:05 pm


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