Legal Question in Credit and Debt Law in California
I am being sued by a debt collection agency. After the summons, I filed a general denial with the court as it was an unverified complaint - it was filed correctly according to the court docket. Less than two months on and I've received notification from the lawyers representing the debt collectors stating there's an application for an entry of default/judgment against me. The lawyers were served the general denial form. What can I do about this?
1 Answer from Attorneys
Write back and tell them they are mistaken. They cannot obtain a default, much less a default judgment when a responsive pleading has been filed. Include a copy of the general denial and the proof of service. And in any case the court clerk will reject a default filing if a responsive pleading to the complaint is on file.
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