Legal Question in Civil Litigation in California

Can the credit card company recieved an approval from court for a request of default against me if there is no proof of service filed with court and it has been over 120 days since filing date?


Asked on 5/21/10, 11:55 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Default can only be granted if the court has been provided a proof of service upon you. You are now in a position that you must contest service or you will have a judgment against you. You do so by properly supported motion to the court. If serious about hiring counsel to help you, if the amount in question is enough to justify paying an attorney, feel free to contact me.

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Answered on 5/25/10, 12:19 pm
Anthony Roach Law Office of Anthony A. Roach

I think Mr. Nelson is super confused. You don't contest service if you have never been served. Have you been served? You don't mention it in your post. If you have been served, you need to file an answer or other responsive pleading before the court clerk enters your default. Theoretically, the plaintiff could file a proof of service tomorrow, and then request your default. If you have not been served, you don't have to do anything until you are served, but I would make sure that you have not been served by publication.

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Answered on 5/25/10, 7:13 pm


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