Legal Question in Credit and Debt Law in California
help..court papers
a month ago my husband received a phone call from a law offices representing CACH,LLC for a debt I owe. The acct was with BofA, but they charged it off and CACH,LLC bought the account. This woman that was on the phone with my husband told him a court official came to my house and gave me some papers to sign and it has my signature on it. My husband then had ask her to mail us the a copy of the paper with my so-call signature to see if it was mine. I am a stay at home mother. I have not open the door to anyone handing me a paper nor signing one. I now just recently received a ''request to enter a default with requesting for a court judgment'' is this a summon? There is no default date entered where the ''for court only section''. How Does a Summons paper look like and is this Application to enter default something I need to replied to?
Where do I go about this! Please help!Thank you!
4 Answers from Attorneys
Re: help..court papers
Please do not ignore this, you have a valid defense but they will collect their judgment unopposed if you fail to file a motion to vacate the default judgment.
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The collection firm wants you to ignore the lawsuit; in fact they depend on it. Fight back and defend yourself. Just don�t be surprised how quickly they fold (don�t worry -- we won�t remind you we told you so).
Re: help..court papers
You didn't pay your credit card bill, so they sued you. They told you about the lawsuit, and you had 30 days to respond, but you did nothing. Now the court will let them take your paycheck and bank account until they are paid. If you do not owe the debt, contact an attorney.
Re: help..court papers
You need to pay close attention to that. If the default gets properly entered you lose your right to defend the case. I often see improper service and then a request for default. Get a copy of the court file and review it or have an attorney review it.
Re: help..court papers
You will have to make a motion to set aside the default judgment in order to defend yourself in this matter. Contact me directly.
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