Legal Question in Civil Litigation in California
Hi,
I received a letter in the mail from a lawfirm on behalf of a credit card company that is suing me for nonpayment. They appear to be some sort of court paperwork, It has a "request for" box and there are two of three items checked off. They are Entry of Default and Clerk's Judgement. What exactly does that mean? I have contacted the law office and was told they could not answer any of my questions because they are representing the plaintiff and not me.
2 Answers from Attorneys
The documents you received are default papers, meaning that previously you were served with other papers called a Summons and Complaint and that you failed to respond to the Complaint within the time required. If you do not recall receiving a Summons and Complaint, then you may want to go to the Court house and look at the proof of service that was filed which will state how and when these papers were personally served on you. If you do not act quickly, then a judgment will be entered against you. Good luck.
It means that a judgment is now being entered against you and that your wages, bank accounts, and assets will soon be seized. You may pay the judgment to prevent these things from happening, or you may file a motion to vacate the default and default judgment so that you can have your case taken to trial. You may also be able to file bankruptcy to prevent enforcement of the judgment.
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