Received Copy of Request for Default Judgment, but Never Served

**primarymark** · 10-10-2010, 11:51 PM

My question involves judgment recovery in the State of: CA

Hi, I've received a copy of a Request for Entry of Default & Court Judgment from a creditor. It references a complaint filed way back in April 2010, but I've never been served and knew nothing about any such case. The creditor obviously has my correct address and I had been in contact with them around this time (unsuccessfully tried to work out a payment plan with them).

I'm unfortunately unemployed (i.e. self-employed but not making enough to even float) and recovering from cancer surgery, so I have very little money for legal services.

Questions:

1 - What recourse do I have now that I know there's a case but have not been served?

2 - What can I do to halt this request for judgment? Shouldn't I get a chance to defend myself instead of it going directly to a default judgment?

3 - Can anyone recommend honest free or "cheap" legal services in the Long Beach, CA area?

Thanks a bunch!

-Mark

**CourtClerk** · 10-11-2010, 04:17 AM

Quoting primarymark

1 - What recourse do I have now that I know there's a case but have not been served?

Go to the courthouse and get a copy of the lawsuit

2 - What can I do to halt this request for judgment? Shouldn't I get a chance to defend myself instead of it going directly to a default judgment?

File a motion to set aside the default judgment

3 - Can anyone recommend honest free or "cheap" legal services in the Long Beach, CA area?

No where in Long Beach that gets it right that are free or cheap. If you want honest, free or cheap, that requires money. There are places around that are free, but they don't always get it right, but they get it close.
Thanks a bunch!

-Mark[/QUOTE]

**primarymark** · 10-11-2010, 12:34 PM

Thanks for the suggestions CourtClerk. Is a motion to set aside default judgment really the next step though? I've only just received a copy of the application by the plaintiff for such, not an actual notice of default. Isn't there some procedure in-between that simply reaffirms that I want my day in court, now that I've been made aware that there is a case at all? It doesn't seem right that they can fail to serve me, then enter a request for default, without my being allowed to appear. Thanks for any further suggestions.