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  1. #1
    Join Date
    Dec 2009
    Posts
    5

    Default Request to Enter Default Received: How to Dismiss

    My question involves judgment recovery in the State of: California

    I received a CIV-100 Request for Entry of Default ($7000) on on a card default and a letter saying judgment may be stopped if I call them. The dates of the entry appear to be August and I received the letter in Dec. The lawyer's office is up North whereas I'm in the Southern part of the state.

    If the request for entry was filed in Aug, and they're telling me they may still stop entry of judgement, what's going on? Are they bluffing, fishing?

    I wasn't served personally, though substitution seems likely as it was mailed to my last known address. What are my options? If I move to dismiss do they generally attend? How do I find out if service was proper and not done halfas**d?

    What other questions should I be asking?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Request to Enter Default Received: How to Dismiss

    They probably want to talk settlement. If you want to know what they have in mind you have to ask them.

    You would file a motion to dismiss based upon what? You clearly have notice of the suit, even if they had to serve you by (court-authorized) substituted service.

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