Legal Question in Credit and Debt Law in California
I was sued on a debt in which we reached a settlement agreement. On 3/15/2010 a NOTICE OF CONDITIONAL SETTLEMENT was filed by Captal One Bank USA N.A.
I was told not to worry that it was taken care of then this week I received a NOTICE OF HEARING and PROOF OF SERVICE dated 1/30/2012 for a hearing on Feb 23,2012. I pulled up the case to find that on 3/25/2012 an ORDER TO SHOW CAUSE HEARING IS VACATED, NOTICE OF SETTLEMENT HAVING BEEN FILED,CASE SET FOR OSC TO SHOW WHY SANCTIONS AHOULD NOT BE IIMPOSED FOR FAILURE TO FILE REQUEST FOR DISMISSAL MATTER SET FOR 1/20/2012.
I never rec'd anything on this until now . On 1/20/2012 CAUSE CALLED FOR ON OSC WHY SANCTIOONS OR A DISMISSAL OF ENTIRE ACTION SHOULD NOT BE IMPOSED. matter cont'd to 2/28/2012, for ORDER TO SHOW CAUSE RE ENTRY OF DEFAULT/DEFAULT JUDGEMENT,NO FURTHER CONTINUANCES. PLAINTIFF TO GIVE NOTICE.
2/7/2012 REJECT SHEET SENT TO (CAPITAL ONE BANK USA N.A.)FOR REJECTION OF JUDGEMENT. PLEASE SUBMIT THE STIPULATION SEPARATELY AND HAVE ORIGINAL ATTY SIGNATURE. AND THE JUD-100 FORM FOR THE JUDGEMENT TO BE ENTERED. MS SUBMITTED ON 2/6/12.
I have no idea what any of this is and I had not been given notice at all till this week. Can you help me decipher this please? do I need to go to court on 2/23/2012?
1 Answer from Attorneys
The court scheduled the hearing because the plaintiff's attorney was not doing enough to move the case along in a time manner. The court wants a default judgment entered or it may sanction the opposing attorney.
It looks like the attorney tried to file some sort of stipulation with the court that was improper somehow. The court clerk gave notice of the problems and appears to be asking them to submit a judgment.
I would review the physical file to see what they actually filed and try to call the other attorney to find out the status. And yes, I would suggest going to the hearing on the 23rd to see what is going on.
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