Legal Question in Credit and Debt Law in California

The second sentence of your post is the key - failing to answer means you are not entitled to any further notice in the suit. There almost certainly was no trial, because by not answering, you defaulted and essentially lost because you presented no defense. You may have the right to request that the Court set aside the default and judgment but you have only six months from the date of entry of the default (not the judgment) to do so. Otherwise, contact the attorney for the credit card company, and make a deal to settle it. If you ignore a lawsuit, you will lose - every time.

*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. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Did you have a defense to the original lawsuit? Hard to say without your taking it to a lawyer. Defenses could include that they filed it too late or that you don't owe the debt. If you have a good defense, and a good reason why you blew off the lawsuit to begin with, you might have a chance at having the case reopened. Otherwise pay them, settle with them, file for bankruptcy, or do nothing and they will eventually snag your paycheck or bank balance.

If you did not answer, you would have been in default, and the credit card company thus got a default judgment against you. You may be able to set aside the default and file an answer, but that depends on many factors. You should speak with an attorney who can review the specific facts with you and give you a better idea of where you stand.

If you look real close at the Judgment, it say it is a Default Judgment and signed by the Clerk, not the Judge.

Read the Summons real closely and it will tell you that you have 30 days from the time you were served to answer the complaint....you did not respond and you lost, you did not show up, no chance at the bat, the judge has left the room, the fat lady sang.....you just did not get to hear it.