Legal Question in Credit and Debt Law in California

Re: notice of default

The answers to your questions are as follows:

1) a default judgment entry against you means the opposition has prevailed against you because you did not show per se, and now they can obtain a writ of execution or abstract of judgment to enforce their legal remedies such as wage garnishments, property liens or forced sales, and/or levy your bank account or other personal assets.

2) If you are "broke", the judgment is unenforceable theoretically, however, shrewd creditors tend to find assets or place liens/levies on other property you may own until the judgment is paid or property is sold.

3) the default judgment is public record, in which your creditors can easily find and include on your credit reports at their option. This could obviously impact your ability for future loans.

You definitely should submit a motion to set aside this motion and preserve your rights herein. For affordable assistance, contact us directly hereafter.

Re: notice of default

Receiving a "request to enter default" means you didn't respond to a lawsuit, therefore you lose (unless you promptly file and serve a motion for relief in the proper legal form). Now they will be able to tap your bank account and paycheck, among other things. A "notice of default" is also used by mortgage holders to initiate the foreclosure process and take your home. You might want to contact a bankruptcy lawyer or other lawyer in whom you have confidence, now - before the situation gets any worse.

Re: notice of default

If you let things go so far that you weren't paying your debts and someone filed a lawsuit against you, your credit history is the least of your worries. You are apparently referring to a "Request for Entry of Default". This means that you were served with the lawsuit and didn't respond within the time allowed by law.

Once a default is entered, you can no longer participate in the lawsuit or defend yourself unless you promptly file a motion to set aside the default. Once a judgment is entered, the judgment creditor can garnish your wages, tap bank accounts, etc.

You may be able to negotiate a payment plan or settlement, but most creditor attorneys won't negotiate until the judgment is entered. I would see an attorney right away and bankruptcy might be a viable option for you.

Re: notice of default

It means that they can proceed to judgment and enforcement of it. You may file a motion to set the default asside. I practice in Orange County Courts plus. Call me directly at 16192223504.