Legal Question in Credit and Debt Law in California
I was served a summon in Feb 2010 for credit card debts, I respond to the summon within 30 days, and I follow the instruction to the book, in March 2010, I called the credit card company and started to make payment arrangement, I am now making payments to them. I received a abstract judgment from them last week, so I called the collector, they said that I did not respond to the summon and the they placed a lien on my house, I am doing a loan modification, and it probably going to affect it, what can I do about the summon they said the court never received, I made copies of the summon but I did not send certified mail, what can I do about this, can I still get a loan modification? can the lien be removed since I did file?
4 Answers from Attorneys
File a Motion with the Court to set aside the judgment.
Also, Check the Court file and see how they get their judgment.
If you mailed it to the court, it's possible it was lost in the mail. I agree with my colleague that you should check the court docket to see what went on. If you e-mail me directly with the case number, I'll try to give you some guidance as to what went on and how to attempt to set aside the judgment and default.
If this has not been resolved, then I can draft the motion for a reasonable fee. Contact me directly.
You needed to file the answer with the court and pay the filing fee, and, serve it on the defendant. Grounds for setting aside the default need to be found. Contact me directly.
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