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FAILURE TO FILE REQUEST FOR ENTRY OF DEFAULT JUDGMENT


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Hello first time posting here.I am being sued in the state of CA by EQUABLE ASCENT FINANCIAL represented by PATENAUDE & FELIX, A.P.C. - RAYMOND A PATENAUDE ES from San Diego CA.The amount owed according to them is about $1700.00

I made the mistake of completely ignoring the fist court documents I received from them.It stated I had 30 days to respond.I honestly regarded that documentation as false,being that there were a bunch of faxed copies,it just didnt look official to me.

Now I have been monitoring this case online,I had a case management hearing set for 10/12/11 according to documents sent from the plaintiff.However I dont see anything about a case management hearing on the online case history.I just checked online for the latest case developments

and it appears a new hearing date has been set for 4/18/12.I dont now what this new hearing is for. Here is the complete case history as it appears online.

10/07/2011 ORDER TO SHOW CAUSE HEARING SIGNED AND FILED BY KATHLEEN

O. DIESMAN TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED

FOR FAILURE TO FILE REQUEST FOR ENTRY OF DEFAULT JUDGMENT

PURSUANT TO CRC 3.740(F). MATTER CONTINUED FOR HEARING

ON 04/18/12 AT 09:00A M., IN DEPT. OS8 . CERTIFICATE

OF MAILING FILED, GIVEN TO RESPECTIVE PARTIES/ COUNSEL.

09/20/2011 CASE MANAGEMENT STATEMENT FILED AS TO (EQUABLE ASCENT

FINANCIAL, LLC FKA HILCO RECEIVABLES LLC.) .

08/04/2011 REJECT SHEET SENT TO (EQUABLE ASCENT FINANCIAL, LLC FKA

HILCO RECEIVABLES LLC.) FOR REJECTION OF REQUEST FOR

ENTRY OF DEFAULT CLERK'S JUDGMENT ** THE CLERK'S OFFICE

REQUIRES THE ORIGINAL PROMISSORY NOTE/CONTRACT OR A

DECLARATION OF LOST ORIGINAL ALONG WITH AN EXEMPLAR

CARDMEMBER AGREEMENT AND STATEMENTS/INVOICES. SUBMITTED

ON 07/12/11

07/12/2011 REQUEST FILED AND DEFAULT ENTERED OF (Doe,John) .

DECLARATION UNDER 585.5 CCP, DECLARATION PURSUANT TO 587

CCP, MEMO OF COSTS, AND DECLARATION OF NON-MILITARY STATUS

FILED.

04/28/2011 PROOF OF SERVICE OF SUMMONS AND COMPLAINT; NOTICE OF CASE

ASSIGNMENT, ADR PACKAGE FILED. SERVED AS TO (Doe,

John) .

04/12/2011 ORDER TO SHOW CAUSE HEARING/CASE MANAGEMENT REVIEW SIGNED

AND FILED BY KATHLEEN O. DIESMAN TO SHOW WHY SANCTIONS

SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF

SERVICE PURSUANT TO CRC 3.740(E). MATTER SET FOR HEARING

ON 10/12/11 AT 09:00A M., IN DEPT. OS8 . CERTIFICATE

OF MAILING FILED.

04/08/2011 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740.

04/08/2011 SUMMONS ISSUED.

04/08/2011 SUMMONS FILED.

04/08/2011 NOTICE OF CASE ASSIGNMENT ON FILE. CASE IS ASSIGNED TO

DEPT. 008 OF HONORABLE KATHLEEN O. DIESMAN .

Should I still attend the 10/12/11 hearing date?Can someone please explain to me whats going on with my case.What options do I have at the moment.Any comments would be greatly appreciated.

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Hello first time posting here.I am being sued in the state of CA by EQUABLE ASCENT FINANCIAL represented by PATENAUDE & FELIX, A.P.C. - RAYMOND A PATENAUDE ES from San Diego CA.The amount owed according to them is about $1700.00

I made the mistake of completely ignoring the fist court documents I received from them.It stated I had 30 days to respond.I honestly regarded that documentation as false,being that there were a bunch of faxed copies,it just didnt look official to me.

Now I have been monitoring this case online,I had a case management hearing set for 10/12/11 according to documents sent from the plaintiff.However I dont see anything about a case management hearing on the online case history.I just checked online for the latest case developments

and it appears a new hearing date has been set for 4/18/12.I dont now what this new hearing is for. Here is the complete case history as it appears online.

10/07/2011 ORDER TO SHOW CAUSE HEARING SIGNED AND FILED BY KATHLEEN

O. DIESMAN TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED

FOR FAILURE TO FILE REQUEST FOR ENTRY OF DEFAULT JUDGMENT

PURSUANT TO CRC 3.740(F). MATTER CONTINUED FOR HEARING

ON 04/18/12 AT 09:00A M., IN DEPT. OS8 . CERTIFICATE

OF MAILING FILED, GIVEN TO RESPECTIVE PARTIES/ COUNSEL.

09/20/2011 CASE MANAGEMENT STATEMENT FILED AS TO (EQUABLE ASCENT

FINANCIAL, LLC FKA HILCO RECEIVABLES LLC.) .

08/04/2011 REJECT SHEET SENT TO (EQUABLE ASCENT FINANCIAL, LLC FKA

HILCO RECEIVABLES LLC.) FOR REJECTION OF REQUEST FOR

ENTRY OF DEFAULT CLERK'S JUDGMENT ** THE CLERK'S OFFICE

REQUIRES THE ORIGINAL PROMISSORY NOTE/CONTRACT OR A

DECLARATION OF LOST ORIGINAL ALONG WITH AN EXEMPLAR

CARDMEMBER AGREEMENT AND STATEMENTS/INVOICES. SUBMITTED

ON 07/12/11

07/12/2011 REQUEST FILED AND DEFAULT ENTERED OF (Doe,John) .

DECLARATION UNDER 585.5 CCP, DECLARATION PURSUANT TO 587

CCP, MEMO OF COSTS, AND DECLARATION OF NON-MILITARY STATUS

FILED.

04/28/2011 PROOF OF SERVICE OF SUMMONS AND COMPLAINT; NOTICE OF CASE

ASSIGNMENT, ADR PACKAGE FILED. SERVED AS TO (Doe,

John) .

04/12/2011 ORDER TO SHOW CAUSE HEARING/CASE MANAGEMENT REVIEW SIGNED

AND FILED BY KATHLEEN O. DIESMAN TO SHOW WHY SANCTIONS

SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF

SERVICE PURSUANT TO CRC 3.740(E). MATTER SET FOR HEARING

ON 10/12/11 AT 09:00A M., IN DEPT. OS8 . CERTIFICATE

OF MAILING FILED.

04/08/2011 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740.

04/08/2011 SUMMONS ISSUED.

04/08/2011 SUMMONS FILED.

04/08/2011 NOTICE OF CASE ASSIGNMENT ON FILE. CASE IS ASSIGNED TO

DEPT. 008 OF HONORABLE KATHLEEN O. DIESMAN .

Should I still attend the 10/12/11 hearing date?Can someone please explain to me whats going on with my case.What options do I have at the moment.Any comments would be greatly appreciated.

For some reason, the plaintiff has not yet taken your default and the Court is telling the plaintiff to do so, or else it will get sanctioned.

If you don't want plaintiff to take your default, you must file an answer to the complaint. It does not matter that you didn't file in 30 days. If you file the answer before the plaintiff files a request for default, your answer will be accepted.

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Thanks for the reply.I was under the impression that they had already filed a request for default as stated in the history on 7-12-11.On 8/04/11 the court sent a "reject letter" to the plaintiff stating they wanted the original contract agreement, I guess proof, before proceeding with the default.

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Thanks for the reply.I was under the impression that they had already filed a request for default as stated in the history on 7-12-11.On 8/04/11 the court sent a "reject letter" to the plaintiff stating they wanted the original contract agreement, I guess proof, before proceeding with the default.

You are correct. But it looks to me as if the Court has rejected the request and, plaintiff has failed to file a new request that contains either the original note or a declaration that it is lost, etc. The OSC on 10/7 is for failure to file a request for entry of default.

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  • 2 months later...

Like the original poster, I have also missed the 30day to reply, I just found out about the summons documents just a few days ago, and it had a file date of nov 9, 2011. I just looked up my case number online and here's what it says:

Number-Sequence Document Description Document Text Filed Ruling Date

0007-000 Cv Proof Of Svc Compl/Pet/Summons 12/13/2011 None 12/13/2011

For: Equable Ascent Financial, LLC / PLT

Against: mseagle1 / DEF

0006-000 Cv Decl:Non-Service 12/06/2011 None 12/06/2011

For: Equable Ascent Financial, LLC / PLT

Against: mseagle1 / DEF

0005-000 Cv Decl In Support Click for text 11/09/2011 None 11/09/2011

For: Equable Ascent Financial, LLC / PLT

0004-000 Cv Affid/Decl/Stmt Re:Venue 11/09/2011 None 11/09/2011

For: Equable Ascent Financial, LLC / PLT

0003-000 Cv Summons Filed 11/09/2011 None 11/09/2011

For: Equable Ascent Financial, LLC / PLT

Against: mseagle1 / DEF

0002-000 Cv Complaint Ltd/Reduced Fee 11/09/2011 None None

For: Equable Ascent Financial, LLC / PLT

Against: mseagle1 / DEF

0001-000 Cv Case Cover Sheet 11/09/2011 None 11/09/2011

For: Equable Ascent Financial, LLC / PLT

Against: mseagle1 / DEF

What does the 12/13 note mean? And what advice would you give me on what to do next?

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I'm guessing you were served via newspaper...

It's probably too late to work out a settlement - unless you can whip up an answer and file it within 24 hours.

You can answwer the complaint any time before a request for default is entered. Some JDBs are extremely lazy about requesting defaults.

I would not call and try to talk settlement with no answer on file. That will make them hurry up and take your default.

If you search my posts you will find step-by-step instructions for preparing an answer.

Good luck.

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Guest usctrojanalum

Also, to request a default judgment people on here seem to think it is an easy 1, 2, 3 step process. It's actually time and labor - someone has to do it, calculate interest, fill out non-military affidavits, make sure the that if the balance is a sum certain, the affidavits are proper, some courts want certain documents to prove the debt etc. I would guess the process of preparing a default judgment can take as much as 20 minutes per file.

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Do not trust P and F. I have a case with them. They are snakes and will do anything to trick you. Check out everything for yourself. Make sure you attend every hearing and don't trust them as to when they are. They have resorted for putting the wrong time for hearings etc in the documents they send me to trick me into going at the wrong time. This is my advice for you. Check the court calendar for your trial dates etc. That april date may be a trial date and you missed the other hearing. Call the court and ask them what the hearings are for. If you don't keep up with this you will lose. Those documents could very well be made up. Don't let them skunk you. Thats my opinion and advice.

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