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  1. #1
    Join Date
    Jan 2011
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    Default How Do I Fight an Old Credit Card Debt and Lien Against My Property

    My question involves judgment recovery in the State of: California, stanisla county, modest....


    My mother was served some court papers inwich she did not understand. She defaulted automatically assuming that the date they gave her for a year later, was meant for her. the credit card company got a default on my mother and she was never notified of such motions from the court, nor from the creditor. Now there is a lein on her property. She does have it homesteaded. She did have insurance where she loses her job they would take over. however they changed the rules with out disclosing it and wouldn't cover her. I need to expunge this lein. what will my action on my mothers behalf should I take...thankyou fallings

  2. #2
    Join Date
    Jan 2006
    Posts
    27,121

    Default Re: How Do I Fight an Old Credit Card Debt and a Lein Has Been Put on My Property

    so far you haven't given any reason the judgement and subsequent lien is not proper. If she did not understand what the court sent her, she needed to seek counsel who could explain it to her.

  3. #3
    Join Date
    Sep 2005
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    Default Re: How Do I Fight an Old Credit Card Debt and a Lein Has Been Put on My Property

    She was served with this, right?
    Quote Quoting Summons
    NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below.

    You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court.
    What gave her the impression that she could safely ignore the summons for a year?

    Does she have a defense to the debt claimed by the credit card company? How long ago was the judgment entered?

  4. #4
    Join Date
    Jan 2011
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    Morongo Basin
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    12

    Default Re: How Do I Fight an Old Credit Card Debt and a Lein Has Been Put on My Property

    First off. She didn't ignore the complaint!. She misunderstood it!. Second, She had insurance that covers her when she falls behind and or loses a job and they didn't cover her!. They breeched their contract.And, I am not for sure when the judgment was entered. She was served Last year. The attorney from the plaintiff side had told her to show up on Jan 31,2011. They put a lein on her home for 6,000 dollars. This property has insurance and is homesteaded. How do I get the lein expunged?. Small claims or superior court.

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