Judgement Entered

[RG55]

OMG, I am beside myself.  I was sued by Mandarich Law Group on behalf of LVNV.  I was served on August 5, 2022.  I filed a motion to compel private arbitration on August 29, 2022.  I sent everything to Mandarich Law Group, which they received on August 29, 2022 (Still under the 30 days to respond).  I have now received a letter requesting judgement be entered against me.  How should I respond?  I am so upset 

[nobk4me]

OK, some things are unclear here.  You titled this thread "Judgment Entered."   But you say you received a "letter requesting judgment be entered against me."   So the judgment has not yet been entered by the court?  I assume Mandarich sent the letter?  Was the letter also sent to the court?  Usually they file a MOTION for a judgment, not a letter.  Did you answer their complaint?  Or just file the MTC Arb?  Maybe that's the problem, if you didn't file an answer, that could be construed as a default.

If they filed a motion, you need to respond to it within the time allotted.  You need to address their reasons for requesting the judgment.  Also point out there is a jurisdictional motion pending before the court (your MTC Arb), which needs to be addressed before anything else.

 

 

 

 

[Bulldoger]

It possible that your MTC was delayed in getting to Attorney from their mailroom.  CA requires a request for default judgement to be file NLT 10 days after the 30 day response period. except for collections cases under rule 3.740(a) Attorney may have filed it just before receiving your MTC.  It's just a request for default judgement had you not filed an MTC. the request may have been granted they would then have to notify you and file the evidence to backup the claim to the court before the judgement is entered. 

According to California's rules of civil procedure, a defendant can file a Motion to Compel Arbitration instead of an Answer. However, if the motion (aka petition) is denied, the defendant will have 15 days from the denial to respond to the complaint with an Answer.

CODE OF CIVIL PROCEDURE - CCP

PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60]

  ( Part 3 enacted 1872. )  

TITLE 9. ARBITRATION [1280 - 1294.4]

  ( Title 9 repealed and added by Stats. 1961, Ch. 461. )  

CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99]

  ( Chapter 2 added by Stats. 1961, Ch. 461. )
  

1281.7.  

A petition pursuant to Section 1281.2 may be filed in lieu of filing an answer to a complaint. The petitioning defendant shall have 15 days after any denial of the petition to plead to the complaint.

(Added by Stats. 1987, Ch. 1080, Sec. 9.)

Did you specify a court date or request a hearing date with your MTC ? 

 

[RG55]

Hi Bulldoger,

Sorry for the late response my computer broke, but I got a new one, so I'm up and running. 

Yes, my MTC is set for Tuesday Dec 20,2022, right around the corner

I've tried communicating with the law firm and have heard nothing back, so I'm moving forward