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  1. #1

    Default What Can I Expect to Happen Next, with My Judgment

    My question involves judgment recovery in the State of: California

    Each month since January 2012, I receive a letter from the creditor to settle this 3K debt for half the cost. But since I’m not employed, I can not even afford to settle for half the cost. In late December, I received a copy of the “request for default” that the creditor submitted to the court, yet at that time, I had a court date of 4/2/12, but by late March 2012, the records got updated to a 9/28/12 court date. So I’m lost and have no idea what will/could happen next. I do know that if the judge has has officially declared a default by now, that they can actually do it at any time at this point. Then once they declare that I’m in default, the plaintiff will win and that the 9/28/12 future hearing date will be updated (to reflect to say NONE). Thus far, I’m guessing that the creditor can put a lien on my house, levy my bank accounts, and try to garnish my wages when I become employed again. Since I only owe 3K, I was thinking about just writing the creditor to let them know I want to pay this debt, and that I will pay it as soon as I’m gainfully employed. Yet I can’t believe that CitiBank went through all of this trouble for a 3K debt.

    CASE SUMMARY:

    Case Number: XXXXXXXX
    CITIBANK VS. DOE, JOHN Q

    Filing Date: 10/04/2011
    Case Type: COLLECTIONS CASE (Limited Jurisdiction)
    Filing Court: A Los Angeles courthouse
    Status: PENDING

    ---

    Future Hearings

    09/28/2012 at 08:30 AM in department WED at a California city courthouse, CA 12345
    OSC - 3.740 COLLECTIONS-DEFAULT JUDGMENT

    ---

    Parties

    Plaintiff: CITIBANK N.A.
    Attorney: XYZ, LAW OFFICES,LLP - JOHN SMITH ESQ

    Defendant: DOE, JOHN Q
    Attorney: None

    ---

    Histories (Dates listed in descending order)

    03/09/2012 ORDER TO SHOW CAUSE HEARING SIGNED AND FILED BY DONALD M.
    WILSON TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR
    FAILURE TO FILE REQUEST FOR ENTRY OF DEFAULT JUDGMENT
    PURSUANT TO CRC 3.740(F). MATTER CONTINUED FOR HEARING
    ON 09/28/12 AT 08:30A M., IN DEPT. WED . CERTIFICATE
    OF MAILING FILED, GIVEN TO RESPECTIVE PARTIES/ COUNSEL.

    12/23/2011 REQUEST FOR ENTRY OF DEFAULT RECEIVED AS TO (DOE, JOHN Q) .

    12/23/2011 REQUEST FILED AND DEFAULT ENTERED OF (DOE, JOHN Q) .
    DECLARATION UNDER 585.5 CCP, DECLARATION PURSUANT TO 587
    CCP, MEMO OF COSTS, AND DECLARATION OF NON-MILITARY STATUS
    FILED.

    12/14/2011 REJECT SHEET SENT TO (CITIBANK), N.A. FOR REJECTION OF
    REQUEST FOR DEFAULT: ADDRESS LISTED IN DECLARATION OF
    MAILING (SECTION 6) MUST CONFORM TO ADDRESS WHERE
    DEFENDANT WAS SERVED (PROOF OF SERVICE). SUBMITTED ON
    11/29/11

    11/29/2011 REQUEST FOR ENTRY OF DEFAULT RECEIVED AS TO (DOE, JOHN Q) .

    10/25/2011 PROOF OF SERVICE RE: SUMMONS; COMPLAINT; ADR PACKAGE;
    CIVIL CASE COVER SHEET; ADDENDUM; NOTICE OF CASE
    MANAGEMENT; CASE ASSIGNMENT FILED. SERVED AS TO (DOE, JOHN Q) BY PERSONAL SERVICE ON 10/21/11 AT 11:05AM .
    COSTS OF $ 69.50

    10/12/2011 SERVICE RE: SUMMONS; COMPLAINT; ADR PACKAGE; CIVIL CASE
    COVER SHEET; ADDENDUM; NOTICE OF CASE MANAGEMENT; CASE
    ASSIGNMENT RETURNED NOT FOUND/NO SERVICE AS TO (DOE, JOHN Q) FILED. COSTS OF $ 69.50 .

    10/04/2011 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RN
    SM485132039.

    10/04/2011 SUMMONS ISSUED.

    10/04/2011 SUMMONS FILED.

    10/04/2011 NOTICE OF CASE ASSIGNMENT ON FILE. CASE IS ASSIGNED TO
    DEPT. WED OF HONORABLE DONALD M. WILSON.

    10/04/2011 ORDER TO SHOW CAUSE HEARING/CASE MANAGEMENT REVIEW SIGNED
    AND FILED BY DONALD M. WILSON TO SHOW WHY SANCTIONS
    SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF
    SERVICE PURSUANT TO CRC 3.740(E). MATTER SET FOR HEARING
    ON 04/02/12 AT 08:30A M., IN DEPT. WED . CERTIFICATE
    OF MAILING FILED.

    My question now is, what can I expect to happen next?

  2. #2
    Join Date
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    Default Re: What Can I Expect to Happen Next, with My Judgment

    When you have a judgment against you, you can expect that the holder of the judgment will eventually exercise judicial remedies such as garnishment and execution to try to collect the debt. It doesn't always happen, and perhaps the creditor is hoping to either sell the judgment or simply wants to avoid having the statute of limitations run on the underlying debt. But the only way to find out what will happen is to wait and see what they do.

  3. #3

    Default Re: What Can I Expect to Happen Next, with My Judgment

    Quote Quoting Mr. Knowitall
    View Post
    When you have a judgment against you, you can expect that the holder of the judgment will eventually exercise judicial remedies such as garnishment and execution to try to collect the debt. It doesn't always happen, and perhaps the creditor is hoping to either sell the judgment or simply wants to avoid having the statute of limitations run on the underlying debt. But the only way to find out what will happen is to wait and see what they do.
    Mr. Knowitall, thank you so very much.

    Upon reading what you shared, thank you very much for your help. I appreciate you providing me some detailed feedback to my problems. It all makes very good sense. Thank you so very, very much.

    Wilson

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