Q: Can a collection agency file default even after a response was filed w/court and served? Next step? Dismissal?
Received summons, I responded with affirmative defenses, filed and served with the court. Had the response served I don't hear nothing until the other day when I receive a request for Default. What should my next step be? Dismissal?
A:
I would need more information to give you an exact answer. Like how long has it been since you heard something on the case? Are you checking the courts website in regards to the register of actions? Was the default received stamped by the court that you received or was it a mere copy provided by opposing counsel.
I would check the court's register of actions with the case number and see what is going on. If you are sure you filed an answer then there should be no reason you received a request for default unless the two documents crossed paths. Meaning your answer arrived at the court at the same time as the default and the court entered your answer as opposed to the default requested by plaintiff.
Or, possibly you did not respond to discovery timely and a motion to compel was filed against you with a subsequent motion to strike your answer which would then trigger a request for entry of default. You would have had to ignored a lot of paper work for this to have happened, but its the only other thing as to why you could be in default.
Please let me know some additional facts and I'll be more than happy to give you a more concise answer to your question presented.
Vernon C. Tucker, Esq.
California Attorney
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