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I received a summons ?

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acidpool

Guest
The state i am in is California, i was summoned on the 11/06/03 and had 30 days to respond i got an extension 1 week before i had to respond from the attorney sueing me but they continued to proceed in court ignoring my request. i sent a confirmation letter and all and they still went ahead and entered me in by default now i got another letter saying they are going ot make judgement against me by defualt ! I paid alreay what they are sueing for and i dont have the money to get a lawyer ! They also took the case from small claims to the next lvl up to make it harder on me ! I was wondering can i still respond and defend my rights or is all hope lost at this point ? I do have the proof i paid and i tried calling the attorneys they just gave me the run around, so now i have no clue on what to do ! So any help is much appreciated thank you very much !
 


JETX

Senior Member
"i was summoned on the 11/06/03 and had 30 days to respond i got an extension 1 week before i had to respond from the attorney sueing me but they continued to proceed in court ignoring my request. i sent a confirmation letter and all and they still went ahead and entered me in by default now i got another letter saying they are going ot make judgement against me by defualt ! I paid alreay what they are sueing for and i dont have the money to get a lawyer ! They also took the case from small claims to the next lvl up to make it harder on me ! I was wondering can i still respond and defend my rights or is all hope lost at this point ? I do have the proof i paid and i tried calling the attorneys they just gave me the run around, so now i have no clue on what to do ! So any help is much appreciated thank you very much !"

*** Your post is confusing in that you claim to have gotten an extension, yet the court proceeded anyway?? Doesn't sound right.

Further, if you had proof that the claim had already been paid, why did you not proceed to trial??

And finally, since you didn't appear as requested, and didn't file an appeal within the alotted time, your options now are somewhat reduced. At this point, I would suggest you send a letter (certified RRR) to the judgment creditor with a copy of your proof of payment and request a signed satisfaction of judgment.
 
A

acidpool

Guest
I apoligize for the confusion, I asked for an extension on the 30 days i had to respond, from the attorney that was sueing me for the company making the claims. I had sent them a confirmation letter and they got it, A 2 week extension but when i was about to reply to the case, They had said my name was already entred by default, And just this saturday i got a diffrent letter saying they have entred by defualt a judgement. This letter you said to write tho how would i go about writing it if i still can ? I mean all i would have to do is tell them my case and then send it with the proof correct

thank you !
 
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JETX

Senior Member
"I asked for an extension on the 30 days i had to respond, from the attorney that was sueing me for the company making the claims."
*** Your request should have been made to the court, not the opposing counsel.

"I had sent them a confirmation letter and they got it, A 2 week extension but when i was about to reply to the case, They had said my name was already entred by default,"
*** Yep. That is because you FAILED in properly responding to the summons (as noted ON the summons).

"And just this saturday i got a diffrent letter saying they have entred by defualt a judgement."
*** Yep, because YOU didn't show up when told to.

"This letter you said to write tho how would i go about writing it if i still can ? I mean all i would have to do is tell them my case and then send it with the proof correct"
*** My original post was clear (to me) on what to write and to whom.
 
A

acidpool

Guest
Thank you very much for your help ! I was told over the phone for a legal advisor that because i hadent responded to the letter i had my reasons "no car/money/any thing".. That i had no chance .. But thank you for very much for your advice !
 

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