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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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I received a copy of a request for entry of default that

Customer Question

I received a copy of a "request for entry of default" that was filed on May 7, 2009 in a Superior Court of the city I live in for a debt that was 60 days late on December 2004. I couldn't pay on this debt anymore since I lost my job back then. Now I am on SSI and disability. How should I respond to this?
Submitted: 7 years ago.
Category: Legal
Expert:  Jack R. replied 7 years ago.

The request for a default occurs only after you fail to respond to a prior proceeding. If you have no assets and you only income comes from SSI/disability there may not be much=h the creditor can do to you.

 

If you wish to respond you will need to file a memorandum in opposition to the request for default., You will need to explain why you did not respond previously.

 

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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Customer: replied 7 years ago.
I forgot to mention that I just received the copy today October 31, 2009. Has the statute of limitations expired in my state. California Last payment on debt was October 2004.
Expert:  Jack R. replied 7 years ago.

If ther ehas been no activity on the account since 2004, or atttempts to collect the debt then the staute of limnitations has been exceeded. You could have used this as a defence to the claim. You beeded to have used this defense when the original legalcomplaint/summons for a money judgment was received.

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