Default Judgment On Credit Card

**RJM1234** · 04-23-2008, 01:35 PM

My question involves collection proceedings in the State of: California

Hello,
I just received a default judgement letter in the mail for a credit card debt.
The debt was for only $800, but the collection attorney filed in Superior Court. When I looked at the summons, I didn't see any court date or anything, and totally missed the statement where it said that I had to respond within 30 days. I know that sounds ridiculous, but I am ill and have been on medication, and somehow missed it.

First, I would like to know, if I should file a motion to set aside judgement and how to do that if I don't have an attorney. I have tried to find the forms, but have been unable.

Also, are they able to now garnish my bank account? I have been off work for over 2 years now, and don't have an income.

Thank you!

**Exhausted** · 04-23-2008, 02:19 PM

It's going to be an uphill battle to vacate judgement and yes they can freeze your bank accounts. Since you don't have a job so they can attach wages, then dipping into your bank account is probably next. Are you on SSI? I dont think SSI can be taken on a judgement but Im not 100 percent sure.

Good luck.

**RJM1234** · 04-23-2008, 06:13 PM

Hello and thank you for replying.
No I am not on SSI yet, although I am in the process of filing for that.
I had read something about taking medical records to show the judge, but I am really not sure about anything right now.
But also, when you speak about freezing the accounts, do you know if they have to file something else with the courts before they can do that?

Thanks again and I apprecaite the help!

Take care!

**aaron** · 04-28-2008, 03:27 PM

A California judgment is valid for ten years, and can be renewed. Judgment creditors may seek to collect the money you owe on their own schedule.

**RJM1234** · 04-28-2008, 07:20 PM

Thank you for replying.

I was wondering because I was going to try to file a motion to have it set aside, and I checked on some dates for doing that. I think that in my situation, I have 30 days to do so. So, I was wondering if they had to wait 30 days before they could start trying to collect on that judgement, just in case I file a motion.