Legal Question in Credit and Debt Law in California

Limited Civil Case

I had some questions about a limited

civil case I am involved in (I am the

defendant) with a law firm for an old

credit card I did not finish paying. I

believe the amount of the judgment

is much higher than what I originally

owed at the time I couldn't pay them

anymore. They have also added a ton

of interest and fees. I do own a

home and they are threatening to

foreclose on it. I have filed a motion

to vacate judgment based on not

being properly served, but the lawyer

responded very nastily and basically

said we sent you a letter and that

was enough. I should also mention

that apparently it initially went to

arbitration and this is a judgment

confirming the arbitration award. I

have a court date and need to know

what the best course of action is now

to fight the amount.


Asked on 4/07/08, 9:56 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Limited Civil Case

The best you could do is file a motion to vacate default and default judgment, and set aside arbitration award, based upon lack of notice.

Otherwise, you might try negotiating with the lawyer to remove the penalties and fees, if you could pay what you owe in a lump sum, or set up some kind of payment plan.

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Answered on 4/07/08, 10:09 pm


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