Legal Question in Credit and Debt Law in California
I live in California and I was served with a summons from a law firm for Discover card. I filed the "Answer - Complaint" with the court on the 30th day. Someone mailed my Answer to the Law Firm and then I filed it with the court. I am only disputing Discover because I do not believe that I was a co-applicant on the credit card application submitted in 1987. I think I was just an authorized signer. My husband has passed away and I do not believe I am responsible for debt. If they provide proof of my responsibility, then I will pay them. But I want to make sure I am responsible. They tell me that in California if I was married to him at time of his death, I am responsible. Recently I received a "Request for Entry of Default" from Law Firm. The court has not marked anything on the "Request". First, how can the Law Firm submit this "Request for Entry of Default" since I filed "Answer" within the proper time frame? There is no original signature on this Request form, unless /S/ is acceptable for original sigature. Please express your thought about this being a legal filing, and if it is, how do I answer to this Request (what form)?
1 Answer from Attorneys
If your answer is already on file (check the court docket to make sure it is), the court should reject the request for entry of default.