Legal Question in Credit and Debt Law in California

Judgement?

I was reading on my local court website that a company has filed a judgment against me. This is the first knowledge I have of it. I have not been served. On September 29 the court entered the following minutes - HEARING RE: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED AGAINST PLAINTIFF FOR FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740. . Does this mean they filed it incorrectly?


Asked on 10/09/08, 1:51 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Judgement?

No, it means they're suing you and they have either not yet served you with the lawsuit, or they haven't yet filed the proof of service. You still have the opportunity to fight the case if the debt is stale or the case is otherwise bogus, which happens often. You can get a copy of the lawsuit from the clerk of the court, or wait for somebody to show up and hand you a copy. If you receive notice of the lawsuit, be sure and respond within 30 days thereafter, and don't be shy about consulting a lawyer. In many cases if you win your lawyer's fees will be reimbursed.

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Answered on 10/09/08, 3:57 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Judgement?

I might add, if the court website shows that a "Request to Enter Default" was filed, you may be under a legal time deadline that would require you to quickly file a motion to have the default vacated.

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Answered on 10/09/08, 4:25 am


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