Summons and entry of default delivered same day
Hello ,
I have a question about my being sued for credit card debt. I was served about 5 days ago with a summons stating that I am being sued by a law firm for a delinquent credit card dept I have with Capital one. On the same day I received in the mail a copy of a request for" ENTRY OF DEFAULT" "CLERKS JUDGMENT" that the same firm had filed for the same debt that I was just served a summons for. The summons said I have 30 days to file an answer. Is this normal procedure to file a request for entry of default before a defendant defaults on the summons? I live in California in case that matters.
Thanks
What might happen in court?
Again thanks to mr.yet and ScottGem for your answers on my previous post.
mr. yet I don't think they have a judgment yet but they have requested an "entry of default" "Clerks judgment" If I understand correctly this means if I don't answer the summons within the 30 day time frame that they can get a default judgment against me . And as far as asking them to prove that I owe the debt I'm pretty sure that when I had no clue what to do (before I joined this forum) I pretty much admitted oweing them in a letter I wrote. And unfortunately for me due to health issues that have had a profound effect on my ability to work full time I cannot afford to pay them nor can I hire an attorney to help me. I have 2 other credit card debts that have gone bad also but I am trying to get all the information I can on how to deal with them since I cannot pay them. I realize paying them would be the right thing to do and trust me , my credit score was 740 I would have paid if I could have kept working but my heart condition had other plans for me. Anyway my questions are :
1- Am I pretty much done for the debt I'm being sued for $1,500 on a card that had a $600 limit because I admitted oweing the debt to them in a letter?
2- I own my mobile home and my car . Will that make them prime targets for the collectors if they get a judgment?
3- Is it likely they will seize my Mobile home or car? Or other personal property?
4- Is it likely they will put a lien on my home and force me to sell it. My total debt with 3 cards is around $20,000
5- Because of my heart problem I was planning on putting my Mobile home in my wife's name so if something happens to me she would have title on it with no hassles . Now, because of this lawsuit if I do that is it going to make them think I am doing this just so its not available for them to take and would that cause problems? Even though this suit is for $1,500.
I seem to write very lengthy posts ,sorry about that.. .
At what point can a creditor obtain a judgement
Hello,
I received a summons for credit card debt and as well copy of request for entry of default , clerks judgment. I am going to answer the summons and appear in court. What I want to know is can they get the judgment before I answer or do they have to wait the 30 days to see if I answer and then wait until the court date before getting a judgment. I live in California. Thanks
No contact for Default Judgement
Does the Court or anybody have to notify you if there is a Default Judgment entered against you? This in a limited civil matter in California. The Default was entered 2 weeks ago.