Legal Question in Credit and Debt Law in California

Re: Missed the 30 Day Deadline

You can ask for relief under Code of Civil Procedure 473 but it is complicated for you to do alone. It requires the filing of several specially drafted documents and the payment of about $400 just in court costs. After you pay an attorney and the court costs and succeed in getting relief, you're not necessarily in a good position, you're just now "in" the litigation and you have to defend against a case that is likely a slam dunk.

I don't know how large the debt is, but - unless you actually have a defense to the claim - your best bet might be to contact the attorney for the plaintiff and ask if he will accept $300 per month (or whatever amount you can negotiate) to hold off on trying to levy your bank accounts or garnish your wages, etc. If he agrees, get confirmation of your deal in writing and MAKE THE PAYMENTS ON TIME. Your life will get very unpleasant if your wages, bank accounts, or other property is seized by the sheriff.

Re: Missed the 30 Day Deadline

You need to have the default set aside so that you may defend yourself in this matter. Contact me directly 18 years experience. Practice in L.A. and all major California Counties.

Re: Missed the 30 Day Deadline

If you have a valid defense to the debt, for example it isn't yours, or the lawsuit was filed more than 4 years after the debt became due, and depending on the amount involved, it might be worth your while to IMMEDIATELY hire a lawyer in your locality to file a motion to have the default/default judgment set aside. You would only get one shot at doing this, so don't try to do it yourself.

For the benefit of other people who might read this response, here is what the original poster did wrong: He or she didn't read the summons where it says, "A letter or phone call will not protect you, your response must be in the proper legal form." The clerk of the court can't give you legal advice, because the court is a neutral party, is not in the business of giving legal advice (giving an opinion on what form you should file = legal advice), and it wouldn't be fair for the court clerk to help you, or them. Even people who fill out an "answer" form and file it with the court on time often make mistakes that result in their losing the case.

Re: Missed the 30 Day Deadline

File a MOtion to Set Aside Judgement under CCP 437.5.

Re: Missed the 30 Day Deadline

You need to file a motion to set aside the default. You must do this timely. In other words, do not wait to do this. You should be able to get it set aside for mistake, ie you didnt realize you had to file your response to quickly.