Legal Question in Credit and Debt Law in California

I'm being sued by an attorney collecting for a creditor. I answered the original complaint, but didn't answer an amended complaint since it didn't notify me that I had to answer. Now I've been notified that they will be asking for judgement in January. One of the exhibits they enclosed was a fabricated letter to me from the law office dated two months previous to filing the summons, as required by Rosenthal Fair Debt Collections,Fair Trade, etc. I never received communication from this law office, before receiving the summons and can prove the letter was false because my address stated on the letter was at a home that we bought at a later date. The summons was served at my previous address, and my new address was used in correspondence to them after our move. Can this violation of California civil code help me with my judgment case? Will I be able to sent an amended answer that is late?


Asked on 10/01/10, 12:13 pm

1 Answer from Attorneys

You seem to be confused about the procedure in some way. They cannot file an amended complaint after you answer, without making a motion to do so. If they made a motion, were granted permission, and then sent you the amended complaint, and you didn't answer it, you are in default. If you are in default you will have no right to introduce any evidence. If you are in default, you must file a motion to set aside the default and file an answer. The bottom line is that you are going to lose this case if you don't get a lawyer. In over twenty years of practice I have never once seen someone without an attorney win a case against attorneys.

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Answered on 10/06/10, 5:30 pm


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