Legal Question in Credit and Debt Law in California
I am being sued for an unpaid loan and have filed an answer within the 30 day time frame. The plaintiff recently sent me something called a "Request For Entry of Default". Do I have to file something in response to this?
3 Answers from Attorneys
It depends. Obviously they are claiming you didn't answer within 30 days.
1. You filed your answer before they filed the Request for Entry of Default. The court will ignore the Request for Entry of Default.
2. You filed your answer after they filed the Request for Entry of Default. Check with the clerk's office, and if your default was entered, you will have to file and serve a motion to have the default set aside. You have a short time limit and you should do this immediately. Odds are your motion to have the default set aside will be granted.
I think, also, that you might have forgotten to send the creditor a copy of your answer. That's probably why they filed the request for default. If the docket is available online, you should be able to see the sequence of events to which Mr. Stone is referring. Feel free to provide me directly with more information about the timing, if I may be of assistance.
This is simply because the lawyer for the creditor suing you thinks you did not answer the complaint. The court will send back to that lawyer the default request if you filed an answer to the complaint.