Legal Question in Credit and Debt Law in California

Order To Show Cause/Case Management Review

I received this Order via the mail (unregistered). Apparently, this company received a judgement against me without my being served with an original complaint. Is this legal? It not, what can I file with the court to have the judgement for the plaintiff set aside because I never was served with a complaint?

Asked on 3/17/09, 6:46 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Order To Show Cause/Case Management Review

If you were never served it's not hard to have the judgment set aside if you act immediately, use a lawyer, you will need to do it correctly and you will only get one shot. Then there is the issue of what defenses, if any, you might have to the lawsuit. You might not spot all the possible legal defenses yourself, so, again, please consult a lawyer.

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Answered on 3/17/09, 7:02 pm

David Gibbs The Gibbs Law Firm, APC

Re: Order To Show Cause/Case Management Review

I agree with attorney Stone, get in to see someone in your area immediately so you can move to set aside the default. Its not something one should attempt to do in pro per.

*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.

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Answered on 3/17/09, 7:30 pm

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