Legal Question in Credit and Debt Law in California

Re: Suing for credit card default

To the extent that the money was yours, you need to file a claim for it with the Sheriff's Department as soon as possible. Your husband should also immediately retain an attorney to review the court's file and see if there is still time and legal grounds to file a motion for to set aside the default judgment.

Re: Suing for credit card default

You're going to have to make a motion to vacate the judgment based on the fact that your husband was never served with the lawsuit. This may or may not be possible depending on when the judgment was entered, but in any event you're going to have to move quickly at this point to try and set aside the judgment.

Re: Suing for credit card default

Need to do motion to set aside judgement as soon as possible.

Re: Suing for credit card default

You can bring a motion to vacate the default and default judgment and to recall the writ (to get your money back). The motion to vacate can be based upon the grounds of equity (for which the only time limit is unreasonableness on your end). Or, you could file bankrupcy and bring a motion to avoid lien (which would get your money back so long as the sheriff has not disbursed it yet).