Legal Question in Credit and Debt Law in California
My wife went to court and judge said to go outside and settle where they did and was told the insurance should have covered the bill, and agreed they will wait for payment, all was believe to be settled and we where unaware there was activity being process after the first court hearing nd had to show up again... last week, we get a call (years later from that court date) from alleged attorney saying they bought the debt and are owed thousand and they will suspense the license for neglected having bad debts. What can be done??? Here is a small part of what i found out about the case in the first sheet form new to old from court website;
5.17.2016 Reject sheet sent to for rejection of assignment of judgment, writ of execution, and money order for $25.00 as previously stated, the named
plaintiff does not match the judgment. name must be indicated exactly as it is on the submitted on 05/06/16
4.20.11 cause called at 02:30p plaintiff appearing by substitute . no appearance by or for defendant .
4.20.11 Substitude sworn as witness{es} for plaintiff, .
4.11.11 judgment entered as a final disposition on 04/20/11 . for (plaintiff). against (defendant) . principal amount + cost. execution stayed 30 days.
2.11.2011- PRESIDING FOR SMALL CLAIMS HEARING. MATTER CONTINUED FOR SMALL CLAIMS TRIAL ON 04/20/11 AT THE PARTIES AGREE TO CONTINUE THIS MATTER. IF NO APPEARANCE BY OR FOR EITHER PARTY, THIS MATTER WILL BE DISMISSED.
1.11.11 REQUEST FOR POSTPONEMENT RECEIVED AND FILED BY defendant
01.05.011 FAULTY PROOF OF SERVICE RE: PLAINTIFF'S CLAIM FILED
1 Answer from Attorneys
From what you described, it sounded like the judge granted a 60-day continuance for everybody to wait and see insurance company would pay. if nobody showed up at the continued hearing in April 2011, the judge would assume the case was settled and dismiss the case. It looks like the insurance company didn't pay and therefore the court awarded a judgment to the plaintiff when you didn't show up.
If this was a debt related to a car accident, then they can report the judgment to the DMV to have your license suspended. You should consider bankruptcy if you have other debt problems, but you'll also want to take a look at the court's file to make sure who actually owns the judgment. Demand proof from the attorney if necessary. if you don't file for bankruptcy, you'll want to settle the matter and get a satisfaction of judgment creditor to file it with the court.
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