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h8spleadingpaper

Default Judgement Hearing Overridden By Answer?

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Hi, everyone.

 

About a year ago, a JDB filed a Complaint against me for an alleged collection account.  Despite never being served, I found out about the Complaint and filed my Answer and proof of service for it right away.  The Case Summary reflects this, as well as several entries that say, "09/xx/2013  DECLARATION RE: NON-SERVICE FILED," which I'm assuming are indicators that the Plaintiff is filing paperwork to keep the case open without subjecting themselves to countersuit.  Since my Answer and Proof of Service thereof have been accepted by the Court, do I need to be at all concerned regarding an entry that was made when the Complaint was first filed regarding a hearing for Default Collection?  My understanding has been that this was placed on the Case Summary at the time the Complaint was filed in case I never responded.  Now that I have, my Answer (I believe) has nullified the proposed hearing.  The entry reads thusly:  

 

Future Hearings 

06/xx/2014 at xx:xx AM in department xxx at xxxx xxxxxxx xxxxxxx, CA xxxxx
OSC - 3.740 COLLECTIONS-DEFAULT JUDGMENT

 

Am I correct in my assumption, or could there be anything further I need to do in order to ensure that the proposed hearing has indeed been canceled and will not go forward?  I'm pretty sure I have it right, but want to cover all bases.  Thank you so much for any constructive input you may have on the matter.

 

 

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In an update, today there is a new entry on my Case Summary:

 

"06/xx/2014 CASE FORWARDED TO F43 PREP ROOM RE: WEEK OF 6-16-14 CALENDAR"

 

This worries me because when the Complaint was originally filed, a Default Judgment hearing was scheduled for the week of 6-16-2014.  I have been operating under the belief that having filed my Answer and Proof of Service thereof would negate any Default Judgment hearing.  Am I wrong about this?  Anyone???

 

Thanks.

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I think your assumptions are correct, but it wouldn't hurt to follow the advice above from shellieh98.

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Thanks, folks.  It's almost impossible to get anyone to pick up the phone / answer questions at the Clerk's Office in Los Angeles, but I'll give it a shot during the 2 hours that the lines are open this afternoon...

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 It's almost impossible to get anyone to pick up the phone / answer questions at the Clerk's Office in Los Angeles,

 

Haha - that's the truth!

 

The first entry (OSC - 3.740 COLLECTIONS-DEFAULT JUDGMENT) is normal and happens on every collections case (3.740 refers to the CRC rules for collection cases).  You were right about it's meaning - it's nothing for you to worry about or consider attending. 

 

The second entry probably just means that the answer is filed, and the file is being prepped for the department your case will end up in. 

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Hey, everyone.  You were all correct, thank you!  

 

Just spoke with the Clerk's Office and was advised that the case will be reviewed, after which the Default Judgment hearing will be vacated and Trial set for approximately a year from now.  I figured this would be the case, but it's always great to confirm, in case I was misunderstanding.  The last thing I'd want would be to fight an uphill battle to get a judgement vacated after the fact!

 

Thanks again.  Have a great weekend!

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