There is a default judgment pending against me in small claims court for a medical bill in dispute.

Asked over 2 years ago - Los Angeles, CA

What can I do to remedy the situation? Should I file a motion to set aside default? Are there any other options, considering I sought help through American Board of Physicians and through non-profit organization. None of my actions precluded collection agency from reporting me to credit bureau, suing and trying to collect despite the dispute?

Attorney answers (2)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    3

    Lawyers agree

    Answered . Yes, you must ask the judge to vacate (cancel) the judgment against you. You must have a good reason for not going to your trial, like you were not properly served or you had a serious emergency.

    You must file a motion no later than 30 days from the date the court clerk mailed you the Notice of Entry of Judgment (Form SC-130 or Form SC-200).

    However, if you werenot properly served with the Plaintiff's Claim (Form SC-100), you have 180 days from the date you discovered there was a judgment against you to file a motion to vacate.

    File a Notice of Motion to Vacate Judgment and Declaration (Small Claims) (Form SC-135):

    http://www.courts.ca.gov/documents/sc135.pdf

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more
  2. Pamela Koslyn

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Please see my response to your other questions.

    Don't waste any more time on Avvo or with your non-profits - get the judgment set aside.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to... more

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