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California Debt Blog: FAQ: What is a default and why should I worry?

May 31, 2013 by Jonathan Stein

Question: The debt collector sent me a “Notice of Entry of Default.” What is this?

Answer: The short answer: a Notice of Entry of Default means that the debt collection attorney is asking the court to enter a default, or note that you did not file an answer. This effectively ends the case.

Why does this matter? If you cannot respond to the lawsuit, they win. Its like a forfeit in sports. The debt collector wins and you do not get a chance to prove that you do not owe the debt, that the debt is not yours, or show that they have no admissible evidence of the debt. In other words, you lose.

All is not lost. If you timely file a motion to set aside a default, you may still get your day in court. This is especially true where you can prove you were not served with the lawsuit. In other words, you have to show that this was a sewer serve.

If you receive a notice of default, you need to talk to an attorney immediately about your options.

Categories: Credit, Current Affairs, FAQ, FDCPA, Hiring an attorney, Legal Process, News, Rosenthal FDCPA Tags: debt collection, debt collection agency, debt collection attorney, debt collector, default, default judgment, Fair Debt Collection Practices Act, FDCPA, Rosenthal Act, Rosenthal Fair Debt Collection Practices Act, sewer serve

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