Legal Question in Credit and Debt Law in California
Can we reverse a default judgement in a civil case(medical bill creditor)?
My husb didnt file an ans to a civil suit($97,000)yet we went to the status conference(1/29/08)other side didnt attend.Later we found out that they filed for default 1/11/08. Can we file for reversal of default&answer the petition?Only provider not paid&connected to an open w/c that the carrier was awarded credit towards their liab for payment. They will resume pmts when the credit is met by other ins pmts. My husb wants to have this provider accept on a green lien but he failed to give the w/c info at the dos bec he didn't know his w/c case was still open. His name is on a home w/his parents names. Can they put a lien on this home&what should he do. He has a call out to the w/c attny(no ans yet)&a mediator who is sending us a release. Should we file a reversal of default & an ans to the petition or is it too late??and how can we protect his interest in the house(the loan is in his parents names but his is on the deed w/theres.
2 Answers from Attorneys
Re: Can we reverse a default judgement in a civil case(medical bill creditor)?
Yes, you can set aside the default and the default judgment if they have already taken judgment. However, this motion procedure with the Court should be brought as soon as you find out about it, and absolutely no later than 6 months from the date of entry of the Request for Default. After that 6 month period the burden for setting aside the default, etc. becomes much, much harder to do. I usually only recommend setting aside judgments if the cost of doing so exceeds by a comfortable margin the amount to which you think you will be able to reduce the final judgment amount.
Yes, they can put a lien on any real estate once they actually have a judgment. This is done by merely filing an Abstract of Judgment with the County Recorder in the County where the house is located.
If real property is in his name, and the judgment creditor finds out where it is (very easy to determine), your husband and his parent's home is vulnerable. There is not much he can do before he sets aside the judgment if they already have a lien on it by using the method I've described.
Re: Can we reverse a default judgement in a civil case(medical bill creditor)?
You need to file a Motion to Set Aside Default and you need to do it right away.
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