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Client testimonials cannot predict results in any other case, nor is any testimonial considered an average or likely outcome.
Client testimonials cannot predict results in any other case, nor is any testimonial considered an average or likely outcome.
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Judgments, why many are void

This article refers to several terms, discussed under “Terminology of Collection Lawsuits”
(also known as credit card lawsuits).

There are four ways in which a collection lawsuit becomes a judgment to pay money:
  1. Default, by failure to timely file an appearance in the credit card lawsuit
    after claim of service
  2. Default, because the court ordered that the defendant’s answer be stricken
  3. Summary Judgment by the Plaintiff
  4. Entry of Judgment, following trial.
This article discusses judgments obtained by failure by the defendant (that is, the consumer or debtor) to timely file an appearance in the credit card lawsuit after a proof of service has been filed in the case by the debt collection attorneys process server. Many collection lawsuits filed against consumers are not properly served on the defendant debtor. Sometimes, the defendant learns about the lawsuit in time to defend and files their formal response in court preventing a default in the credit card case.

People sometimes learn about a lawsuit by receiving a copy of the summons and complaint in the mail. If that happened, dont ignore the lawsuit, because that may indicate substitute service, which can be done properly at your home or place of business. It is much easier to file an formal response to the complaint within the permitted time, than to wait to long, risking that the court will refuse to cancel a default judgment in a collection lawsuit. Even if the credit card lawsuit was not properly served, some judges refuse to cancel a default judgment, if they determine you were aware of it in time to file a response or have been aware of the lawsuit or judgment for several months or years.

When the defendant is not properly served and only learns about the lawsuit after the court entered a default or a default judgment, there are cases that consider such judgment is void and of no valid effect. The court has the power to cancel (known as vacate) void judgments and permit filing a formal response to the complaint, upon proof that service was not properly performed or not performed at all. Often, the court considers how and when the defendant learned about the credit card lawsuit and default judgment, to ensure that a defendant did not delay for a long time (months or years). There are also specific deadlines, depending on certain circumstances, so acting promptly when you learn about a lawsuit is important.

Some people first learn about a debt collection lawsuit when their wages are being garnished or when their bank account is frozen from a writ of attachment. Until the court determines that a judgment is void and should be cancelled, the debt collection attorney may try to enforce it. However, if the collection attorney is aware that you were not properly served, attempting to enforce a void judgment may violate the Calfiornia Rosenthal or Federal Fair Debt Collection Practices Act, which permits an award for the consumers damages and attorneys fees. Handling such disputes requires an attorney with experience and acting promptly to assert your rights.



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