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My husband business went out of business due to the economy.

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He was sued by our...
My husband business went out of business due to the economy. He was sued by our franchise for back rent in the Superior Court of Ventura, CA. My husband did not show up for court and the franchise got a judgement against us. When we looked up the court case the last posting said, "Case disposed with disposition of Default judgment by court." This happened on 6/17/10. In the mail we got a notice for a court date on 6/28/10. Why do we have a court date if they have already ruled in favor of the franchise? Does my husband need to appear?
Submitted: 8 years ago.Category: Consumer Protection Law
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6/27/2010
Consumer Protection Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Does it say what the hearing is for?





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Consumer Protection Lawyer: Ely, Counselor at Law replied 8 years ago
Thank you for that, but I was saying on the NOTICE for the hearing, does it say what it's for? Is there a motion attached to the notice?
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Customer reply replied 8 years ago
No motion is attached. It just says, "Notice of Court Trial (LC)." It tells us the date, time and where it is scheduled. It does say, "Failure to appear may result in a dismissal."
Consumer Protection Lawyer: Ely, Counselor at Law replied 8 years ago
I am going to opt out of your question and let another expert opt in to help you. No need to respond to this message. Additionally, you do not have to stay online – your question will remain active and an email will be sent to you as soon an expert answers it. My apologies for the inconvenience. You have not been charged. Good luck.
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Consumer Protection Lawyer: socrateaser, Lawyer replied 8 years ago
socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 40,149
Experience: Retired
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Hi,

 

I am California attorney. The answer is either that the notice is a mistake, because there was originally a trial date set on the case management system, which was rendered meaningless because the plaintiff won a default against you.

 

Or, the notice is actually a demand for a "judgment debtor examination" hearing, which is where the defendant must answer questions about the location and amount of assets, so that the plaintiff can attempt to have the sheriff execute or garnsh them.

 

I'm betting that the answer is the former, rather than the latter, because generally, a judgment creditor will send out written interrogatories before requesting a hearing. And, since you apparently haven't had any, then it's likely that this notice is just an automated error.

 

Call the clerk tomorrow and ask. The online system is never as up-to-date as what the clerks have on their computers.

 

Hope this helps.

 

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