Legal Question in Credit and Debt Law in California

Can you tell me what this means?

I just got this in the mail today. what does this mean? I used to live in California but have since moved to Texas. What does lines 2 - 4 mean?

1. Judgment for DISCOVER BANK against XXXXXX in the amount of: 6081.97 principal, 230.00 costs, 616.53 pre-judgment interest, and 0.00 attorney fees entered on 03/09/2009.

2. Case disposed with disposition of Default judgment by clerk.

3. Abstract issued.

4. Writ issued


Asked on 6/01/09, 4:50 pm

2 Answers from Attorneys

Re: Can you tell me what this means?

It means that Disover sued you at some point, and that you never appeared or responded in that lawsuit, and as a result Discovery automatically won ("by default"). They now have a judgment against you for $6,928.50.

At this point, they will try to collect that amount from you. Some of the things they could do is take money from your bank account, garnish your wages, etc.

If you were never served with the Complaint in the lawsuit, you may be able to set the default aside. If that is the case, you should discuss this matter with an attorney as soon as possible.

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Answered on 6/01/09, 5:48 pm
David Gibbs The Gibbs Law Firm, APC

Re: Can you tell me what this means?

It means you were sued by Discover Bank, they probably couldn't find you to serve you, so they served you through publication (or they substitute served you at your last known address), and they obtained a default judgment. They also had an abstract of judgment issued, which is a lien against your property in the county in which it is recorded, and the writ is probably for a wage garnishment or bank levy. I'd suggest that you need to contact an attorney near where the lawsuit was filed to see about setting aside the default and fighting the lawsuit, or alternatively, settling it.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/01/09, 6:03 pm


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