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I was never aware of a case against me from the credit card company, and was never served now i recieved a CIV-100

Gardena, CA |

i was send papers requesting payment, and i tried to work somenthing out with them since i was and is still under a very bad financial hardship, how ever they did not care to work somenthing out with me

Attorney Answers 5


  1. I don't see a question here. But if you're wondering whether that judgment is dischargeable in bankruptcy ... the answer is 'yes'.


  2. I am sorry for your frustration, but no one is REQUIRED to negotiate changes to a deal you already made (and broke) with the credit card issuer.

    The CIV-100 form is a request for default judgment. If you do not owe the money, I urge you to retain a competent, local debt collection defense attorney immediately to set aside the default.

    As the other attorney pointed out, this debt is dischargeable in bankruptcy as well.

    You can ALWAYS send regular payments of any amount you choose. They will take it as partial payment of the debt. Do keep track of your payments to ensure you receive full credit for them.

    Good luck.

    If you need further clarity, please email me at MICHAEL@MIRELAND.US Answers to questions are for general information purposes only and do not establish an attorney-client relationship. This is not legal advice, simply information. You SHOULD NOT act on this information without consulting a competent bankruptcy attorney in your area and providing ALL relevant information.


  3. I would only add to my colleagues great advice, if you do pay them and file bankruptcy soon, you are only throwing good money after bad. On the other hand if your situation turns around soon, you'll be making headway on the debt and not letting it grow. Most bankruptcy attorneys offer a free consultation, you should take advantage of that if you are considering filing. If you cannot afford an attorney I recommend Public Counsel's self help desk or finding a local self-help clinic in your area. Best of luck.


  4. The request for default (CIV-100 Form) will ultimately lead to a judgment and possibly a lien against your property if you do nothing. If you think you have a case, you can file a motion to vacate the default and contest the matter. If not, consider bankruptcy or negotiating a repayment plan with the credit card company. Attorneys can help you with all this.


  5. There are many ways to personally serve someone with the summons and complaint. You should obtain the proof of service the plaintiff filed with the court and see how they claim the served you. They are trying to obtain a default judgment against you. You still have options. It is not too late.