If you are reading this, there is a good chance that you have just been blindsided by a lawsuit filed by a bank or collection agency. Unfortunately, this is not uncommon in California.

You might ask, “Why me?” Creditors file these lawsuits knowing that many people ignore the lawsuit. When a lawsuit defendant fails to take action, the court may allow the creditor to get a judgment by default, which could lead to a wage garnishment, a bank levy, or a lien against real estate. The long story short is that the judgment creditor is looking for a legal way to take your money.

First: Do not panic. Receiving a lawsuit is a stressful event but remember: You have a right to defend yourself! Court procedure requires that the creditor wait at least 30 days after providing notice to you before requesting a default judgment. A proper and timely filed response to the lawsuit should prevent the court from entering a default judgment. You may still have time to carefully consider your options before taking action.

Second: Do not ignore the lawsuit! Failure to act could result in the court issuing a default judgment.

Often, a consumer who is unfamiliar with the complexities of the modern-day legal system has the mistaken belief that he or she will automatically receive a court date after receiving service of the lawsuit. This is not the case. The court is unlikely to schedule any hearing dates until the consumer has filed the correct document in response to the lawsuit with the court clerk.

Call me at (619) 884-6932 or email me at dave@wdennylaw.com to discuss your options. Your first consultation with me is completely free.

You have a legal problem, and you deserve to speak directly with an attorney who can help. Other firms may route your calls to a secretary, case manager, or paralegal, and while these folks may have the best intentions, they cannot provide legal advice because they are not attorneys. Unlike many larger collection defense firms, you will speak directly with me personally.

I offer debt defense services on an affordable flat fee basis with payment plan options for clients who are experiencing financial hardship. I will personally make sure that the proper paperwork is filed with the court to avoid the entry of a default judgment followed by any other action that is necessary to resolve the case.