Legal Question in Credit and Debt Law in California

ORDER TO SHOW CAUSE

I'm being sued in Cali by a collection agency(Civil-Limited). Here is some background info; I filed the answer to the summons/complaint on time. A MONTH after I filed, they send me a Request for Entry of Default and file it with the court.

Here is a little bit of my case summary, listed in descending order(this has to do with my question):

2/07/2011 OSC Set for [DATE - TIME - DEPT]

2/07/2011 Case Management Review/Conference Minute Order Entered

10/22/2010 Submission for Default only Pending

10/22/2010 Request for Default Filed and Not Entered

So my question is, what is the Order to Show Cause for? Is it for Case Management Review/Conference? If it is, should I file a Case Management Statement or should I wait for the Plaintiff to do that? If not, could it be for the Entry of Default? Why does it say Submission for Default only Pending if I answered/filed on time? Why didn't the court just throw that out?


Asked on 2/18/11, 11:55 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

My guess is that the default was not entered because you had filed an answer. I certainly hope you not only filed it with the court, but had another person mail it to plaintiff's attorney. You might go to the courthouse to read the file, unless you can get more detail online.

Read more
Answered on 2/19/11, 3:29 am
Tony Carballo Carballo Law Offices

The OSC is probably because you and/or the attorney for plaintiff didn't file a CMC Statement and/or did not attend the CMC. You need to file a CMC statement. Each party must file a CMC usually 15 days before the CMC. The entry of default cannot he filed if an answer is on file or a default entered if an answer is filed before the clerk processes the default request. Submission for default means that entry of a judgment is not being requested in the request for default form. Just the default is being requested so that you would no longer be able to answer unless the default is set aside by the judge. Local rules sometimes makes the process different so this is a description of the way it generally works under the California Rules of Court.

Read more
Answered on 2/19/11, 6:48 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California