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Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1975
Experience:  Twelve years experience in all aspects of debtor & creditor BK.
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i was served papers by a credit card company but the 30 days

Customer Question

i was served papers by a credit card company but the 30 days to file an anwear has passed is it to late to do so and when shall i expect them to get a judgement
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Brent Blanchard replied 8 years ago.
Without knowing what state you are in, there is a possibility that the precise number of days may vary from the *usual* time limits in this answer,Customer

In most instances, it can take as little as three days after the time to have an Answer filed for the plaintiff to get a default entered in the court.

The next step is to get the default judgment. Besides the state's rules of civil procedure and possible local court rules, there can also be the individual judge's preferences on handling defaults and default judgments. Some judges approach them very carefully because the defendant is not being heard from in a default situation. This all comes down to whether the rules or the individual judge will require a "prove-up" hearing to receive evidence of precisely what amount of damages the plaintiff is entitled to.

*IF* the situation allows the court clerk to enter the default judgment based solely on the pleadings, the default judgment can be entered within a week of the default (failure to answer the Complaint).

*IF* a prove-up hearing is required, it will usually be no sooner than two or three weeks after the clerk enters the default.

The time can be longer if the attorney does not move as quickly as humanly possible. I have seen some intentionally wait for various reasons, as long as six months.

Thank you.

Customer: replied 8 years ago.
what do you know about the means test in the last six mounths i have made more money than usual but in the next six im sure i would pass understanding the way it works could i enter in to bankrupcy to aviod the suite and file in september
Expert:  Brent Blanchard replied 8 years ago.
The means test is always calculated on the last six months' paystubs. No attorney should file a Chapter 7 without having them in his or her hands.

Beware hitting the lottery or inheriting money within six months after filing a Chapter 7. The BK Trustee can claim that type of extra money for the benefit of creditors.

I thought your question had been posted long enough ago for the "additional information" to have appeared when I locked into it. In California, I presume Superior Court, the rules allow a default judgment to be entered either by the court clerk or by the court (judge), and the San Diego court (and probably several others) require that the judgment be entered within 45 days of the default.

An evidentiary hearing will most likely need to be scheduled if:
1. there are credibility issues
2. the complaint alleges fraud
3. the complaint seeks punitive damages
4. the claims include personal injury damages
5. the complaint seeks to quiet title to land, or
6. the complaint asks for injunctive relief.

Thank you.

Expert:  Brent Blanchard replied 8 years ago.
What remains unanswered from your original question?

Thank you.


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