Legal Question in Civil Litigation in California

Re: Improper Lawsuit

File a Motion to Set Aside the Judgment. Time is important so do right away.

Re: Improper Lawsuit

Timely file a motion to set aside default if he has grounds to do so. If he is not too late, it has a good chance of success. Have him contact me if he decides to get the legal help he'll need, if the case is in SoCal courts.

Re: Improper Lawsuit

First, your father should promptly hire an attorney to analyze whether the plaintiff's claim is disputed, and whether it makes sense for your father to incur the expenses of fighting it. Your father and the attorney can come up with a proper strategy based on that analysis, which would include (a) calling the creditor's attorney to see if he will stipulate to set aside the default and default judgment, (b) filing a prompt motion to set aside the judgment if the other attorney won't stipulate thereto, (c) once the default is set aside (or even before), either contesting the claim through litigation, negotiating a settlement with the creditor, and/or both. The goal is for your father to maximize, at the end of the day, the amount of money and other valuable items (peace of mind, etc.) he gets to keep, factoring in the validity or invalidity of the claim, the cost of defending, and the emotional strain of the dispute.

Re: Improper Lawsuit

Without delay, he should consult with an attorney. It's possible he could move to set aside the judgment and then try to transfer it to a more convenient forum. However, in reality, it might be futile unless he disputes he owes the debt. He has to do a cost/benefit analysis (with the attorney's help) as to whether challenging the lawsuit makes economic sense to him, or whether he just wants an attorney to attempt to negotiate repayment of the debt.