Please help. Judgment entered, Collection Agency law firm supposed to file Stip,

[JamesInCalifornia]

I'm in Orange County, CA.

I received 2 Entry of Defaults (one with amounts blank and the 2nd over a week later with amounts on it) from a law firm that represents Discover Bank, with which I had a credit card. I never received any notification of a lawsuit and had been sending the firm small monthly payments every month since their first letter to me that validated the debt even though there was never a payment plan in place because I wanted to fulfill my obligations on the debt and I wanted them to know that I was trying and that when I receive an income, I'll make larger payments.

After receiving the Entry of Default notice, I called the Court and verified it was real, then I called the law firm. After several discussions over 2 days about payment plans, we agreed to a payment schedule and the law firm said since we agreed to a payment plan, they will, as I asked, send me a Stipulation that will preclude a judgment. I said I will pay them what they asked because I am scared of having a judgment against me.

I then went to the court and got copies of all documents. I saw on the proof of service the process server served documents to my mailbox retail store at 7:11am. The mailbox retail store does not open until 9am, which likely explains why I never received any documents. It also said they served me with mail notice, but I honestly never received any notice---otherwise I would've answered and not continued to unknowingly send them my small monthly payments. I also talked with the manager of the mailbox store and she said that no employee or owner of the store would be there at 7:11am, if anything it probably was someone checking their mail or the server must have just left it at the door.

I waited over a week and never received the Stipulation. I called the court today and found out a judgment was entered on Feb. 22nd (last Friday). I then immediately called the law firm and told them about the judgment. They transferred my call to a attorney---I've been speaking with this attorney's assistant, who has been putting me on hold while he talks to his attorney during our calls.

The attorney said probably because I've been calling the court and they've been calling the court, that the court felt pressured to enter the judgment quicker then the attorney said she anticipated. I said I've been waiting for the Stipulation to sign and get back to them. She said "I know".

She said she will talk to her client and ask if they can file a Stip that would set aside the judgment, but clarified that if I miss one payment, they can get a judgment without notifying me. I said I understand and agree.

After I asked for clarification, the attorney said she is not sure her client will agree to set aside the judgment, but she doesn't foresee a problem, and insisted on saying she is not sure. She said she will get the Stip out to me in the event her client says yes; in any event, effectively.

She said the person in her office that does these Stip's is busy now, so to wait until the end of the week to receive it.

Please help with your very respected wisdom on what I should do, and how I may be able to do it. And, should I rely on what this firm has told me? I am sad to say that I'm unable to afford an attorney.

Thank you for your very respected wisdom.

[JamesInCalifornia]

Update:

I just spoke with the attorney at Bidna and asked if their client Discover has agreed to set aside the judgment. She said she does not have the stip in front of her, but that her argument will be stronger if she has it signed and then takes it back to Discover, and she said it will say that there was never a need for a judgment. "It will be like there was never a judgment entered, and that is going to be my argument." I asked "so it will be like the stip will preclude a judgment?" She said "I don't have the stip in front of me so I can't say what it says, but read it and if you have any questions, call me back." She said it was sent yesterday so I should receive it by Friday.

Please reply with your very respected advice. Thank you very much for reading and posting.

[judg4]

You can set that judgment aside yourself in many cases by informing the court that you were indeed never served.


The clerk of the court may help direct you.

[JamesInCalifornia]

Thank you Judg4 very much for your respected wisdom.

I contacted the clerk, who told me that a Motion to Vacate will need to be in the form of a legal pleading. I am sorry to say that I do not know how to create one.

I would be extraordinarily grateful for any guidance anyone could provide.

[judg4]

Try http://www.worldlawdirect.com/articl...gal_Forms.html

They may have samples there or you may also check the web or even ask the clerk for a copy of one in another case...

[JamesInCalifornia]

Thank you very much Judg4 for sharing your wisdom to provide me with deeply appreciated guidance.

As I understand it, I have here in Orange County, CA, 6 months to file a motion to vacate. Since I have been speaking with the Plaintiff's law firm, and I am hopeful they have been honest with me, I will wait a few more days for the Stip they said they are sending me (that will set aside the judgment).

It was supposed to reach me this past Friday, but has not. I will wait 2 more days and if I don't receive it, I will call them and depending on their response I will either research and file a motion to vacate based on improper service or do whatever else.

How can I find out if they are trying to enforce the judgment by trying to garnish wages or withdraw from my bank account behind my back?

Thank you, again, for being gracious with your very respected wisdom