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CALIFORNIA COLLECTIONS CLAIM CASE AND PROCEDURAL LAW


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ANYONE WHOM WOULD FEASIBLY BE KNOWLEDGEABLE FOR THE ASSISTANCE WITH THIS QUESTION, PLEASE!!!  I would behoove you to please kindly afford your input on this issue.

I am visiting a business associate from out of town relative to assisting him in a civil collections claim suit in which he has been enjoined as one of the named defendants.  Earlier in the week, we filed a Noticed Motion to Quash to come on for hearing in this matter.  The court clerk said nothing of the Plaintiff's Counsel having filed for a Request to Enter Default and Default Judgment at the time of putting the matter on calendar...perhaps as is this in alignment with the law that court clerks are forbidden from rendering legal advice.  There have been severe issues in this matter pertinent to proper and effective legal service in the process of this case.  As of yesterday afternoon, precisely ten days after the attorney filed for this particular Request, a competent mailman, knowing the correct address of my associate, hand carried the mail piece to my associate's front door, imparting that he thought the piece may be important, coming from an attorney's office.  Thereupon the face of the envelope, yet once again, the counsel had forwarded notice of the Request not to my associate's home/work address, but to the address of real property which he recently purchased the latter part of last year.  Both Plaintiff and Plaintiff's counsel knew what my associate's work/address were, as they had successfully sent and received written correspondences with this associate on numerous other occasions at his legally correct mailing address prior to inception of this lawsuit.

My question is this:  In having put this motion on calendar, does the Request to Enter Default, which were done previous to the calendaring of this Motion, have precedence and thereby stall default judgment from being entered by a judge or the court clerk...or, do we need to further file a Motion to Set Aside Default and Vacate Judgment...whereby judgment has not actually been entered into as of yet?  How does this work...both of us are having a tremendously ridiculous time trying to scourge over CCP's, CRC's, etc., and have yet to find any clear direction on this matter. 

Anyone whom might have insight into this matter, we would be so greatly appreciative for your input.  I shall not be here with my associate too much longer, so time is truly of the essence.

Thank you!  Regards, Jennavieve HW

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