Has the SOL been extended in California on unsecured debts due to COVID?
One of the collection accounts on my credit report shows a 'date of first delinquency' of July 2017. I'm not 100% sure that is accurate - I think it is earlier - but for the purposes of this question, let's assume it is. The SOL should have passed in July 2021 using the 4-Year California law - I wrote elsewhere on the boards about wishing to pay PRA 20% for two 'time-barred' collections and allow them to drop off after 30 days as they promise.
But I would like to make sure there is no hidden extension of the SOL on the debt. I don't want to poke a beehive if the bees are still inside, so to speak. I have looked and cannot find a firm yay or nay on this.
Ark. R. Civ. P. 55
As amended through April 2, 2020
Rule 55 - Default
(c)Setting Aside Default Judgments. The court may, upon motion, set aside a default judgment previously entered for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) the judgment is void;
(3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; or
(4) any other reason justifying relief from the operation of the judgment. The party seeking to have the judgment set aside must demonstrate a meritorious defense to the action; however, if the judgment is void, no other defense to the action need be shown.
So you can file a motion to set aside default judgement.
1) mistake if you mailed your answer on August 31 certified mail you could argue you thought count started next business day.
2) argue judgement is void I think this is what @BV80 was hinting about.
Hoping the brain trust here can help...
I had two accounts go CO with Bank of America. They hired hunt and henriques.
H&H filed two cases. When I was served, I misunderstood the paperwork and I thought the next step was the CMC....I did not realize I needed to file an answer.
Now H&H has filed a motion to enter default judgment.
Do I have any options at this point? Can I still enter a response, or is there any other kind of motion to defend myself against the default judgment being entered?
Have you read this? It doesn’t say that a default judgment must be filed.
It does say:
”If the plaintiff appears but the defendant does not appear, the court may enter what is known as a default judgment against the defendant. This means that the plaintiff has won his case. However, the plaintiff must still be prepared to provide to the court evidence and testimony to support the plaintiff’s claim for relief.”
If it were me, I’d go to the courthouse and see what “evidence”, if any, is in the file.