Consumer Protection Law

Consumer protection law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I have a judgement of default coming up next month on a

Customer Question
Discover card balance. Is...
I have a judgement of default coming up next month on a Discover card balance. Is there anything I can do at this point?
Submitted: 2 years ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 1 minute by:
1/30/2016
Consumer Protection Lawyer: LegalGems, Lawyer replied 2 years ago
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,965
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
Verified

The default has not been entered, correct? The plaintiff is now requesting it?

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: LegalGems, Lawyer replied 2 years ago

Was an answer ever filed? or is that the basis for the default request?

Ask Your Own Consumer Protection Law Question
Customer reply replied 2 years ago
I did not file an answer. The papers also state I was served through personal service when in fact the process server handed them to a houseguest who left them on a table.
Customer reply replied 2 years ago
Part of the problem is that the papers are unprofessional looking. One that I just got has someone else 's name and address crossed out and mine written in! In addition, the papers were filed but the court sanctioned the law group for not serving me. I think this is actually time barred, but since I did not respond they will get the default judgment.
Consumer Protection Lawyer: LegalGems, Lawyer replied 2 years ago

If the papers were left with a third party, that is only effective as substituted service, which can only be done after several unsuccessful attempts at service.

Please see: http://www.courts.ca.gov/selfhelp-serving.htm

It also requires the plaintiff mailing the papers, and then completing an affidavit of due diligence.

So if the service is defective, the default request can be challenged based on that.

The court will generally vacate (or refuse to enter) a default judgment if there is excusable neglect re: failure to answer within the 30 day time frame (40 if via substituted service). This would include examples such as: illness, non-receipt of summons prior to the hearing; misrepresentations made by plaintiff that an answer need not be filed (for example, if made during negotiations).

If the proof of service does not state substituted service, that can be challenged: http://www.courts.ca.gov/1322.htm

Discussion here: (public policy concerns): http://www.lao.ca.gov/reports/2014/criminal-justice/default-prove-up/default-prove-up-process-071814.pdf

Because default proceedings are procedurally complicated, at this point it is best to retain an attorney, as defeating the prove up hearing for default is generally less expensive (not to mention less time consuming/stressful) than vacating a default judgment after it is entered.

---------------------------------------------------------------------------------------------------- Thank you for using JA. If you have further questions please post here and I will reply. Otherwise kindly rate Positively so the site credits me for assisting you today. Thank you and take care!

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: LegalGems, Lawyer replied 2 years ago

I just saw your last post;

If the default is denied due to deficient service, then the statute of limitations can be brought as an affirmative defense when the case is heard on its merits.

Ask Your Own Consumer Protection Law Question
Customer reply replied 2 years ago
Is it to late, since the 30 days ( or 40 w/ ss), to answer?
Consumer Protection Lawyer: LegalGems, Lawyer replied 2 years ago

The clock starts running from the time of proper service- if there is no proper service, the clock does not start running. That is why it is important to challenge the default based on improper service.

Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

Should you have further questions please post here to continue our dialogue. Otherwise,

kindly rate positively

as I am an individual contributor and rely on positive ratings to receive compensation for providing the requested information - this does not result in additional charges to the customer, but rather allows the site to credit my account a percentage to compensate me for my time.

THANK YOU!

Ask Your Own Consumer Protection Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a consumer protection lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,965
13,965 Satisfied Customers
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

7,125 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,436 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,679 satisfied customers

Attorney,17 years experience in consumer protection areas

P. Simmons

P. Simmons

Lawyer

1,227 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

604 satisfied customers

Licensed Texas General Practice Attorney

RobertJDFL

RobertJDFL

Lawyer

517 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Consumer Protection Law Questions
I had a credit card that had a balance on it and I stopped
I had a credit card that had a balance on it and I stopped paying it in 2010 , in 2011 the credit card got a DEFAULT judgement against me because according to them I did not show up to court after bei… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I had closed my discover credit card years ago after being
I had closed my discover credit card years ago after being laid off from my job. I wanted to be proactive in case I didn't find a new job soon enough, so I asked if there was anything that could be do… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,232 satisfied customers
I am having to answer a request for admission of facts,
I am having to answer a request for admission of facts, production, and interrogatories for a credit card lawsuit in georgia. The plaintiff is discover bank but suit was filed by cooling and winter ll… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
When the housing market collapsed back in 2008 lost a big chunk
When the housing market collapsed back in 2008 lost a big chunk of income. Like a lot of other people I could no longer afford to pay my bills. However, unlike a lot of other people I refused to file … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,185 satisfied customers
Debt Settlement with credit card company. Hello, I need some help wi
Debt Settlement with credit card company. Hello, I need some help with Debt Settlement with my credit card BOA. I just pulled my credit card from the Federal Trade Website at annualcreditreport.com an… read more
shurmust
shurmust
Doctoral Degree
163 satisfied customers
I am in Texas and had a judgement filed against me 8 years
I am in Texas and had a judgement filed against me 8 years ago by a debt collector on behalf of a Discover Card with a balance of around $7000.00. Last week a constable came to my house and left a car… read more
Barrister
Barrister
Lawyer
Doctoral Degree
1,679 satisfied customers
looking for advice on how to proceed . I was sued by zwicker
looking for advice on how to proceed . I was sued by zwicker & assoc for an account that was orig owned by discover, they got a judgement against me and put a lien on my house however i do have a home… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have a Discover Card default judgement gotten this past January
I have a Discover Card default judgement gotten this past January by a debt-purchaser attorneys office in Colorado. I had corresponded with the agency via fax with an offer back in August to settle th… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
How to stop a judgement on an outstanding credit card bill
How to stop a judgement on an outstanding credit card bill when it is in at attoneys hands or collection agency ?… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Citibank raised our rate to 29% because they said our balance
Citibank raised our rate to 29% because they said our balance was to high. We did a short term deal with them for 12 months at no interest and made all payments on time as requested. Now that the 12 m… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I just got a summons, from my discover card, served at my door
I just got a summons, from my discover card, served at my door by the sherriff. it does not say a court date or anything except that I owe. (?) I've never said I don't owe but it also says that I'm ma… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
My in-laws are in the following financial predicament *Retired;
My in-laws are in the following financial predicament: *Retired; only small monthly income from their son and social security. *Own their home ($150K value with $100K balance on mortgage). *No savings… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have had credit issues and enroled in a settlement progran
I have had credit issues and enroled in a settlement progran with Credit Answers...Jensen Legal October 2009. Discover card was one of the cards enrolled in the program. Before enrolling I tried on nu… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,520 satisfied customers
A collection agency/attorney (Guglielmo & Assoc. in Tucson,
A collection agency/attorney (Guglielmo & Assoc. in Tucson, AZ) has won a default judgement against me on behalf of Discover Card for appx. $14K. I knew this was coming and have been paying Guglielmo … read more
Barrister
Barrister
Lawyer
Doctoral Degree
1,679 satisfied customers
I just received a judgement against me today and I think its
I just received a judgement against me today and I think it's from an old credit card debt for $5908.72. The debt for this credit card is not on any of my credit reports. Another thing is I live in Fl… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,125 satisfied customers
A legal firm in Maryland filed a suit on behalf of a credit
A legal firm in Maryland filed a suit on behalf of a credit card company against me. This suit was for a credit card account from a company that I was no longer employed by. I was not a resident of Ma… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,125 satisfied customers
I am in the state of South Carolina and have received a confession
I am in the state of South Carolina and have received a confession of judgement from an attorney's office in S.C. for a credit card debit I was unable to pay in the amount of 2153.90. I was told if I … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,125 satisfied customers
I have a credit collection agency that has been ...
I have a credit collection agency that has been calling me to try to collect a$90 gas bill from 1994. I sent them 2 checks in 2002 and they never cashed either one. It was a final gas bill and it was … read more
Flagbridge-CP
Flagbridge-CP
Principal Consultant
B.Kin, B.C.L, C. Neg, C. Med, C. A
1,786 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x