Legal Question in Credit and Debt Law in California

Mr. Hoffman, this wasnt about me being mad over the 430 dollars this was me being mad because i didnt have the 430 dollars to respond to the judgment order, so with that said, there was a default judgment placed against me, for bills that were past there statue of limitations that i didnt get to fight in court, and now if your interested in reading more about my case , you can look on this site under civil law questions and read everything i did present to get answers for possible ways of fighting this, every question had to do with being sued by a collection agency in california . so if your interested, then please look them up, there is atleast 5+ questions on there just from me.

Asked on 2/15/13, 10:58 am

2 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

You have made your point many times about the Statute of Limitations. We get it but a DEFAULT judgment was entered agianst you and now you are complaining. The fact is that the Statute of Limitations is a defense that has to be presented to the court because the SOL may have changed.

You received proper notice and not not file an answer with the court. The California courts system has a system yo have fees waived. The form even allows you to request making payments over time.

If the lawsuit was frivoulous because everything was outside the SOL they could have found in you favor, you did not show so you lost and you question the system. In an adversarial system no one will look out for you, there is some latitude for those that go pro se/pro per but you did not look out for youself...

I dont know what the situation is orvwhy you were sued but it sounds like you owed people money and now trying to use the SOL as way to get out of those debts... You claim you have been wronged but the other party may have been wronged as ould have aid your legal debt and not gone through this, or used the courts to seek redress but you fail to respond and then blame the courts, the judges, and everyone else for an injustice that youhelped cause...

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Answered on 2/15/13, 12:42 pm
Timothy McCormick Haapala, Thompson & Abern, LLP

Mr. Green is exactly right. YOU chose not to respond. YOU chose not to pay the filing fee. If you requested a waiver and it was denied it was YOUR doing not to scrape together the money to file an answer. It is almost impossible NOT to get a fee waiver, though they are later reviewed more carefully and may be reversed, but by then your response is on file and you just owe the court money. YOU blew this, not the courts, not the lawyers, not anyone but you. So either find a lawyer to TRY to help you overturn the default, OR pay the debt that you already owed already, OR file for bankruptcy. Just stop wasting people's time and bandwidth on this site with your whining.

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Answered on 2/18/13, 4:17 pm

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