California  |  Credit and Debt Law

Legal Question

Asked on: 11/13/13, 3:08 pm

Received notice in Sept that a creditor had filed for entry of default. I never received a summons so I requested the following from the court clerk:

1. The Summons

2. The Complaint

3. Proof of service for the summons

4. Proof of service for the complaint

5. Supporting documents for request for entry of default

I just received documents that indicate that the creditor took the appropriate steps in filing the case but did not take the appropriate steps in notifying me i.e. substituted service stating they served my roommate (I live alone and do not have a roommate) and they did not send or mail me copies of the summons left with "roommate".

I pulled up the case summary on the court website and looks like there is a hearing scheduled on 09/14/2015 at 08:30 AM 3.740 COLLECTIONS-DEFAULT JUDGMENT.

Since I was unaware I was served, do I contest for improper service or respond to the default judgement (if that's even an option, as it's been over 30 days as I was unaware of a case against me) or wait for the hearing? If I wait for the hearing, would I be able to defend my case (with represenation, of course)? Or would the hearing be simply process for awarding the default judgement due to my lack of response?

In hindsight, I should have seeked counsel when I received the notice in September but wasn't sure it was necessary as I was unaware of a case against me. I now want to be prepared, but curious about the recommended next step and how immediate action should be given that the next hearing is in 2015. Not looking to procrastinate but if I've missed milestones in defending myself, then I would take that time to save money for the default judgement if it is inevitable versus spending on counsel if the point is moot.

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