FAILURE TO FILE REQUEST FOR ENTRY OF DEFAULT JUDGMENT

lawnewbie · October 9, 2011

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.

calawyer · October 10, 2011

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.

lawnewbie · October 10, 2011

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.

calawyer · October 10, 2011

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.

mseagle1 · December 14, 2011

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