Legal Question in Credit and Debt Law in California

Request For Entry of Default

I received this Superior Court form in the mail from a creditor that I owe money to. There are no other specifications or instructions. Do I need to respond to this form in some way?


Asked on 12/22/06, 11:51 am

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Request For Entry of Default

If you do not respond, they will obtain a default judgement against you and then go after your assets, wages, etc.

Joel Selik

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Answered on 12/22/06, 12:11 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Request For Entry of Default

You might be able to check your case online with the superior court in your county. If it shows that the default has not yet been entered, you should immediately file an answer. You can find the form at http://www.courtinfo.ca.gov/forms/fillable/982135.pdf . You might want to retain an attorney to help you prepare the answer by asserting affirmative defenses as well, and to set aside the default if it's already been entered. Good luck.

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Answered on 12/22/06, 1:18 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Request For Entry of Default

When a plaintiff files and serves a Request of Entry of Default, that means that you were served with the lawsuit (at least according to their process server) and apparently didn't respond within the time allowed by law. You should immediately retain counsel to investigate this matter. If the court enters your default, it cuts off your right to defend against the lawsuit. You should try to get a response on file right away if you haven't already done so.

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Answered on 12/22/06, 1:46 pm


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