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  1. #1

    Default "Request for Entry of Default" - What Does This Mean

    Yes, I know that this is a noob-like question, but I need all the help that I can get and any help that you can provide, I truly appreciate.

    Explanation: My husband & I live in California. On September 1st, a family member was served with papers that he (my husband) was being sued by a collection agency in San Diego, CA. The debt is for a credit card, around $2500. Long story short, this finally pushed us to make the decision to file bankruptcy. We figured we would save up throughout the month of September and actually file in the beginning of October. Three days after rec'g the paperwork, on September 4th, I was laid off from my job. I didn't find a job until the beginning of November, and it's only part-time. We won't have money saved up for bankruptcy until the month of January 2010. Since we never responded within the 30 days of rec'g the paperwork, I check occasionally on the court website, and today, it was updated with DEFAULT ENTERED ON COMPLAINT and below that, REQUEST FOR ENTRY OF DEFAULT AND CLERK'S JUDGMENT ON THE COMPLAINT.

    My Questions:
    1. What do the new items (listed above) mean?
    2. Does this mean they can now start garnishing his wages or freeze our bank accounts?
    3. Is there anything we can do to stall garnishment/bank account freeze, just enough to file BK in January '10?
    4. What the heck does this all mean?


    Here is what the court website says:

    11/24/2009- DEFAULT ENTERED ON COMPLAINT (COLLECTION) FILED 08/14/2009

    11/24/2009-REQUEST FOR ENTRY OF DEFAULT AND CLERK'S JUDGMENT ON THE COMPLAINT (COLLECTION) FILED 08/14/2009

    09/04/2009- PROOF OF SERVICE (SUB-SERVED AND MAILED) ON COMPLAINT

    08/14/2009- AFFIDAVIT OF VENUE BY

    08/14/2009- CERTIFICATE OF COUNSEL FILED

    08/14/2009- SUMMONS ISSUED ON COMPLAINT (COLLECTION)

    08/14/2009- HEARING RE OSC FOR FAILURE TO FILE DEFAULT JUDGMENT SET 8/09/10

    08/14/2009- NOTICE OF CASE ASSIGNED TO DEPARTMENT 1C FOR CASE MANAGMENT PURPOSES FILED (COLLECTION CASES)

    08/14/2009- COMPLAINT AND PARTY INFORMATION ENTERED

    08/14/2009- DECLARATION RE: BP FILED BY

    08/14/2009- LIMITED CIVIL-GENERAL CIVIL COMPLAINT FOR COLLECTIONS

  2. #2
    Join Date
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    Default Re: "Request for Entry of Default" - What Does This Mean

    A request for entry of a default is exactly what it sounds like: A request to the court to enter a default judgment.

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