my mother was served with a paper stating that she had an unpaid debt with a credit card loan, since she doesnt speak english she never sent them a responce. now, she has received a request to enter judgement against her. I looked at the papers and it says enter clerks judgement under civil procedure section 585. i just looked up her activity under the courts website and i believe it said judgement cs. what does that mean and where do we go from here, were lost!! thank you.
Based upon your description of the facts, it appears a collection lawsuit was filed and served and no one filed a timely Answer to the Summons and Complaint.
It sounds like a default judgment has been, or soon will be, entered. The only recourse is to contact an attorney to see if the plaintiff is willing to stipulate to set aside the default and vacate default judgment, or else file a motion with the court to set aside the default and vacate default judgment.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
It appears that judgment has already been entered. The collection letters not being in your mother's spoken language may have exposed this debt collector to liability. I am more than happy to review the letter if you would like.
She needs to try and set aside the default and default judgment. Hire a local lawyer. Good luck.
Debt Collection Attorney
Counsel Loker is correct. You should contact his office immediately, they have offices in Fresno.
Hyde & Swigart is a law firm concentrating its efforts in the area of consumer law, the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"). Our lawyers are specially trained in the Federal FDCPA, Consumer Defense, and other consumer related matters. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can be reached at 858 900 7342 , or through one of the evaluation forms on this site.