Legal Question in Credit and Debt Law in California

I had an abstract judgement placed against me for a very old credit card debt, that was past statue for collecting. I tried filing my answer in court but was constantly blocked by the clerk due to my inexperience and as a consequence was not able to file an answer on time. To make matters worse, i missed filing my answer for appeal as well. what i'd like to know ...can i still fight this? what can i expect to happen next?


Asked on 2/09/11, 1:28 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

There aren't enough clear facts in what you posted to answer this question definitively. It sounds as if the Court has entered judgment against you, and an abstract issued which is a lien against all property you own in the county in which it is recorded. As such, you can expect the creditor to begin collection efforts which might include wage garnishment, bank levies, personal property levies, judgment debtor examinations - a whole host of things that will make your life miserable.

In California, you may have the ability to set aside the default judgment (if, in fact that is how the judgment was entered), but the time frame in which to do so is very, very short. You generally have only six months from the date it is entered (the default) to seek to set it aside. You must have grounds to set it aside such as mistake, inadvertance or fraud. I've not seen many people accomplish this without being represented by an attorney, so your first step is to find and hire a litigation attorney to handle this for you. That attorney can then determine if you are within the timeframe to set aside the default or not, and take the appropriate action.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 2/11/11, 9:52 am


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