Legal Question in Credit and Debt Law in California

I noticed that I have a Default judgment against me for credit card debt. it says the following. and I am trying to determine what "vacated" means and what I should do?

12/12/2013 1:30 PM DEPT. T1 HEARING RE: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED AGAINST PLAINTIFF FOR FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740 (TEMECULA). Vacated

N 06/06/2013 DECLARATION RE: INTEREST CALCULATION FILED Not Applicable Document

N 06/06/2013 JUDGMENT BY DEFAULT BY CLERK FILED 06/06/13 Not Applicable Document

N 06/06/2013 REQUEST FOR DISMISSAL OF DOES/ROES ON THE COMPLAINT (COLLECTION - TEMECULA) FILED 12/14/2012 OF SECURITY CREDIT SERVICES, LLC FILED. Not Applicable Document

N 06/06/2013 DECLARATION OF NON MILITARY STATUS FILED Not Applicable Document

N 06/06/2013 DECLARATION OF FLINT C ZIDE RE: WAIVER OF INTEREST, EXCESS OF 10% AND ATTORNEY FEES Not Applicable Document

N 06/06/2013 DECLARATION CCP 1033 B(1) &(2) FILED Not Applicable Document

N 06/06/2013 REQUEST FOR ENTRY OF DEFAULT AND CLERK'S JUDGMENT ON THE COMPLAINT (COLLECTION - TEMECULA) FILED 12/14/2012 OF SECURITY CREDIT SERVICES, LLC AS TO THOMAS A DUTCHER FILED. Not Applicable Document

N 03/12/2013 PROOF OF SERVICE ON THE COMPLAINT (COLLECTION - TEMECULA) FILED 12/14/2012 OF SECURITY CREDIT SERVICES, LLC SERVED ON THOMAS A DUTCHER WITH SERVICE DATE OF 01/21/13 FILED.(PERSONAL SERVICE) Not Applicable Document

N 12/14/2012 SUMMONS ISSUED ON COMPLAINT (COLLECTION - TEMECULA) FILED 12/14/2012 OF SECURITY CREDIT SERVICES, LLC AND FILED. Not Applicable Document

N 12/14/2012 CERTIFICATE OF COUNSEL FILED. THE ZIP CODE IS 92592. Document

12/14/2012 COMPLAINT AND PARTY INFORMATION ENTERED - COLLECTION - TEMECULA. Not Applicable

12/14/2012 DIRECTLY ASSIGNED TO DEPARTMENT T1 FOR CASE MANAGEMENT PURPOSES (COLLECTION) TEMECULA.

Minutes

NOTICE SENT TO LAW OFFICE OF HARRIS & ZIDE ON 12/17/12

12/14/2012 HEARING RE OSC FOR FAILURE TO FILE DEFAULT JUDGMENT SET 12/12/13 AT 13:30 IN DEPT. T1.

N 12/14/2012 LIMITED CIVIL-GENERAL CIVIL COMPLAINT FOR COLLECTION UNDER $10,000 CRC 3.740 FILED Not Applicable Document Complaint First Page


Asked on 1/08/14, 3:48 pm

1 Answer from Attorneys

In collections cases there is a special set of procedures to make sure the cases are resolved and don't sit around clogging up the court system. One of the procedures used by most courts is that when a collections case is filed, a hearing is scheduled a year later ordering the attorney for the collections company to show up and show cause why they should not be sanctioned for not obtaining a default judgment within one year. If the defendant files an answer, or the plaintiff's attorney obtains a default judgment, before that year is up, the hearing is cancelled - in court speak it is vacated. That is bad news for you, because it means there is a final and binding judgment on record against you. If you were not actually served on or about 1/21/13, AND had no knowledge of the case until VERY recently, you need to get off the internet an contact a local lawyer NOW, because you have a matter of days to get this judgment set aside, if it can be. If you WERE served or otherwise had notice of this case any time earlier than the last couple of weeks, you have no choice but to figure out how to pay this or look into bankruptcy. This judgment is collecting interest at 7% since June. So it's just going to become a bigger and bigger problem for you.

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Answered on 1/08/14, 4:22 pm


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