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Received a copy of request to set aside dismissal due to breach of installment agreement and enter judgement by creditor.

Murrieta, CA |

Received a copy from creditor of request to set aside dismissal due to breach of installment agreement and enter judgement .What does this mean? Will I have to go to court again? will there be a hearing and how will I know when the court date will take place on my case?

Attorney Answers 3


  1. Presumably, you previously entered into a settlement agreement to make installment payments and also a stipulation for entry of judgment. The settlement agreement and/or stipulation will usually set forth whether or not you have the right to challenge the entry of judgment as well as whether or not the creditor must provide you with ex parte notice.

    If the case was already dismissed, however, it is possible you may be able to argue that the court no longer has jurisdiction to set aside the dismissal and enter judgment. Only an attorney will be able to ascertain whether you have a viable argument in this regard.

    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.


  2. The creditor is asking the court to re-activate your case so they can have judgment entered against you. You may have to appear in court to oppose the request. The papers that were served on you should have the date, time and place for the hearing. If not, call the court or the other side and ask for the information.
    You might save time, effort, inconvenience, and maybe money, by just contacting the other side and trying to get it resolved.


  3. Check with a collection defense lawyer to see if you have the grounds to fight the request. There can be technical defects, that might work.

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