Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Nov 2005
    Location
    California
    Posts
    1

    Default Responding to a Default in California

    I was served a summons last month & made arrangements for a payment plan with the lawyers office that was serving me. Then I just received a entry of default. I didn't know I had to reply & of course the lawyers office didn't tell me I had to respond.
    1.Now that I'm in default do I still have to make the court appearance in february?
    2. Will they be able to terminate my payment plan & garnish me?
    3. What do I need to do in preparation for the court appearance & take with me?

    Any help will be greatly appreciated because I'm completely lost. I do owe the money & want to pay it but can only afford the payments that I am making right now & am so afraid that if they garnish me that I will have to file bankrupcy

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,038

    Default Re: served a default in california

    Quote Quoting flaca
    1.Now that I'm in default do I still have to make the court appearance in february?
    If a default judgment has been entered, that would normally end the case unless you successfully have the judgment set aside by the court.

    Quote Quoting flaca
    2. Will they be able to terminate my payment plan & garnish me?
    Yes, but you should be able to request a periodic payment plan from the court. Given that they had already agreed to such a plan, assuming you made all of your payments on time, there would be little basis for them to oppose such a request.

    Quote Quoting flaca
    3. What do I need to do in preparation for the court appearance & take with me?
    You can call the court to confirm, but if you're still speaking of a hearing scheduled before the default was entered (and do not successfully have the default set aside), that's probably no longer going to occur. What you would take to a hearing, also, depends upon the type of hearing that has been scheduled.

    1. Sponsored Links
       

Similar Threads

  1. Foreclosure: Default on HELOC in California
    By gardenome in forum Real Estate Finance
    Replies: 1
    Last Post: 01-07-2011, 05:27 AM
  2. Divorce: Dissolution and Default in California
    By Demiurge in forum Divorce, Annulment and Separation
    Replies: 4
    Last Post: 06-05-2009, 04:19 PM
  3. Debt Collectors: Responding to a Motion for Default
    By johnb in forum Credit Card Debt
    Replies: 7
    Last Post: 10-22-2007, 02:36 PM
  4. Default Judgments: Setting Aside a Default Judgment in California
    By LaurieB. in forum Judgments
    Replies: 2
    Last Post: 09-27-2007, 11:13 AM
  5. Eviction Process: Setting aside default judgement in California
    By dcgirl543 in forum Eviction
    Replies: 5
    Last Post: 03-28-2007, 10:12 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document