Legal Question in Credit and Debt Law in California

Entry of default/clercks judgement

I have been sued by a collection company for a debt I know nothing about! While I was out of state the middle of March, my husband was served papers for me. When I got home I started trying to contact the attorneys office while my husband filled out a responce for a hearing. Acouple days later I received a notice of entry default and clerks judgement from the attorneys office. I took these docs and my responce to the clerks office only to find out that a judgement has already been granted. I asked the clerk how this could happen and she said I didn't respond in time. My husband was served on March 14th, I have 30 days to respond and the judgement was granted on April 8th. The clerk told me the collection co. says they served John Doe on February 7th. THIS IS A TOTAL LIE!!

My husband and I have been doing some research on the company and they have countless complaints about them regarding falsifying documents and have been sued for these kind of activities. There countless complaints with the BBB. My husband is a police officer and he is not going to let it go! Can anyone tell me what my rights are and how to proceed with them.


Asked on 4/24/08, 9:32 pm

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Entry of default/clercks judgement

You need to make a motion to set aside the default & default judgment. Please contact me directly for assistance. I could draft the motion for a nominal fee.

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Answered on 4/25/08, 11:55 am


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