Legal Question in Credit and Debt Law in California

You know, I hear this so frequently, there is little doubt in my mind that the credit card companies' attorneys and collection firms are almost certainly breaking the law. I have little doubt that if you received a Request for Entry of Default, and there is a case number on the form, that a case was filed, and they have filed a false proof of service for the summons and complaint. I literally hear this once-a-day from people being sued by credit card companies. What that means is that they claim to have served you with a summons and complaint, and now they are trying to take your default and obtain a judgment without your having even been allowed to file a response. I would do two things - first, go to the Courthouse listed on the form - check their records to see if that case was actually, ever filed. Next, if it has, you need to file an answer to the lawsuit IF YOUR DEFAULT has not already been entered. By the time you receive the Request for Entry of Default, it might be too late.

If it is too late, and your default has been entered, there is a procedure for setting aside the default, but you will need to do it immediately. It's far too complex to explain here, so you will want to sit with an attorney to have them help you. Good luck - I am really, really angry that banks get away with this garbage all the time. I hope you are able to get this set aside.

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I agree with David the collection agencies that masquerade as law firms do bad things. You need to ask them for a copy of the proof of service that they filed with the court. If they refuse to provide one see if the court they sued you in has online records and look to see if one has been filed. If your court doesn't have the records on line then go down to the court house and see if one was filed because they would have to do that to get a default judgment against you.

If they didn't do that and the request for default they sent you doesn't have a case number contact a debt collection defense lawyer because you may have a good case against them for unfair debt collection practices.

Never ever fail to show up at a court hearing or trial as they are counting on the fact that a lot of people wont show up and then are usually unprepared to try your case.

Good luck and hope that helps.