Legal Question in Credit and Debt Law in California
On March 29th 09, I was served a summon for a lawsuit by Chase Card. I do not know how to answer and what legal form to use so I called the tel. # of plaintiff in the summon. I told the lady on the phone that I want to settle my account and what form should I use to answer the summon. She told me that I do not have to file an answer, my setting for settllement is my answer. Then she gave me an amount and dates for my settlement amount. Before I could argue with the amount she already hung up. The next time that I called to inform that I could not afford the payment, it has already been set up and collection on my checking continued for 3 months. They were all uncollected for non-sufficient funds.
Today I received a copy of "Request for entry of Default". Could I still stop the default judgement and is there a time frame when I could file an answer to the summon.
I appreciate your help, thank you.
1 Answer from Attorneys
This is really unfortunate. That lady was not the attorney who filed the lawsuit and most likely did not have the authority to stop the law firm from prosecuting the lawsuit. A verbal agreement like was not binding anyway to stop them from going ahead. They sneaked behind you and went ahead with the lawsuit and got the default based on your failure to answer.
It would be very hard to vacate the default judgment now unless you hire an attorney to file a motion to vacate on your behalf with the court to excuse for your failure (or being misled) to answer the complaint. An answer in standard form sometimes can be used but usually it is drafted by an attorney in their own language. Please get an attorney.
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