Legal Question in Credit and Debt Law in California

Lawsuit filed by credit card company

I filed a timely motion to dismiss a credit card suit, which was denied, and the judge gave me until 07/26 to file an answer, however the creditor obtained a default judgment prior to 07/26. Can I get the judgment set aside since the time to file my answer had not yet passed?


Asked on 7/20/07, 9:16 pm

2 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Lawsuit filed by credit card company

We may be able to help you to set aside the judgment. Was there a minute order or written ruling giving you the extension? We would have to see the court file.

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Answered on 7/24/07, 7:18 am
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Lawsuit filed by credit card company

Yes. You need to file a motion to set aside the default judgment. You should ask the court to take judicial notice of the prior ruling and you may want to ask for sanctions.

Good luck!

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Answered on 7/20/07, 11:28 pm


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