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  1. #1
    Join Date
    Apr 2012
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    3

    Lightbulb Received Entry of Default

    My question involves judgment recovery in the State of: California Alameda County

    I am being sued by a company that I think purchased my CC debt from at least two other companies. I responded within 30 days of being served by a Processor. I did not accept the notice but he laid it in front at my door. I responded with a General Denial within 30 days of the papers being served. The papers were filed at the court on 03/01, the processor served them on 03/14 and I responded on 04/09. I received a copy of the Request for Entry of Default on 04/23 dated 04/20 saying that I did not respond in a timely manner. I would like to respond. I think I need a Motion to Set Aside Default Judgement. Is this correct? My trail date is July 16. What is the best course of action right now? I know I should get a lawyer but I don't have the money.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Received Entry of Default

    Did you fail to serve the other party with a copy of your answer, such that they did not know you had filed something with the court?

  3. #3
    Join Date
    Apr 2012
    Posts
    3

    Default Re: Received Entry of Default

    No I filed within the time I was served the papers. Someone tried to hand them to me but I wouldn't accept it so he laid it on the door step. A third party mailed the response and I file it at the court A General Denial

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Received Entry of Default

    If you have an answer on file with the court, you should not be defaulted on the basis of an alleged failure to answer.

    I can't tell you more than that without more facts.

  5. #5
    Join Date
    Apr 2012
    Posts
    3

    Default Re: Received Entry of Default

    I'm just wondering if there is a reply I need to make EVEN if I file a General Denial on time. Should I file some type of response EVEN if to say that's not true OR I acknowledgement that I plan to proceed. I feel that if THEY file something I should file something too.

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