Legal Question in Civil Litigation in California

I received the summons around 03-11-11 for the san Bernardino court case no.

CIVDS 1103251, a few days later they sent me a for saying that they wanted to negotiate a settlement on the due amount.

I called them and talked to Eli Barreto, who handles my case.

At first he said that it could be settled for 50% of the total due. And that was about 5400.00, I told him that with my income tax return and borrowing money I could come up with the money. Which I did once I received my tax return.

But next time I talked to him he stated that they wanted 7800.00, at which point I told him that I did not have the money or access to it.

He offered me a down payment of what I had on hand, around 5000, and the rest in payments for 3 or 6 months and that was about 400 to 500 per month.

He sent me an offer stating such. But if I failed to make a payment then I would owe the total amount again.

I called him and told him that I did not wanted to run the risk of missing payments. And offered 6000.00, He said his client would only take the 7800.00 and that was that.

I have not talked to him sense, that was around may. But he calls and leaves a message on my phone at least once or twice a month.

I do not call him back, because I no longer have a lump sum to offer. I used the money to pay other late bills.


Asked on 9/07/11, 10:39 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

I checked the court's electronic docket and discovered that, recently, the plaintiff took your default because you had not filed an answer to the lawsuit. It does not yet appear that a judgment has been entered.

You have a few choices. You could file a motion with the court to set aside the default and file an answer, you can let it turn into judgment, or you can consider other options, including bankruptcy. Since you had no agreement with the collector, it doesn't appear that you have any defense -- other than that, perhaps, you don't owe the amount that's being sought. You might still try to negotiate with the law firm that represents the plaintiff in the case, if you have those kinds of funds.

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Answered on 9/07/11, 11:05 pm
Anthony Roach Law Office of Anthony A. Roach

Mr. Cohen is correct. The clerk has entered your default. You can't file anything with the court unless you set aside the default. At this point, your options are as Mr. Cohen states.

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Answered on 9/08/11, 2:18 pm


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