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Areas of Practice
Business & Commercial Law
Probate & Trust Law
Financial Elder Abuse Litigation
Helping You Fight A Judgment
A judgment creates a debt obligation and gives a person or entity an opportunity to take your property or money to repay the debt. Judgments are intended to be issued only after a case has been fought in court. Unfortunately, too often, people fail to respond to a lawsuit in the required time. When a defendant fails to respond to a lawsuit, a judgment can be entered against that defendant before the defendant can defend themself in court. This is called a default judgment. Default judgments arise for many reasons. Sometimes a defendant does not respond because the defendant believes the dispute was already resolved. Other times, the defendant made a simple mistake and did not respond in time. In other scenarios, a defendant does not even know about the lawsuit. In all three scenarios, a default judgment may still be entered against the defendant for not responding. The last thing a person (or business) wants is a judgment entered against them before having had an opportunity to tell a judge their side of the story. Do any of these scenarios sound familiar to you? Did you believe your dispute was resolved? Did you not know that someone sued you? Or, did you just forget to respond? If any of these scenarios sound familiar, it is possible you may have a judgment entered against you. At The Walker Law Firm, we understand the stress and confusion associated with having a default judgment entered against you. What is important is that you take immediate action to fix the judgment. Whatever circumstances surround your unique situation, our experienced lawyers in Orange County and Riverside County, California, may be able to help you set aside the default judgment. Do not let another day go by. If you need help in Orange County or Riverside County regarding a judgment, contact The Walker Law Firm to schedule an initial consultation.
How To Set Aside Your Default JudgmentIf a default judgment is entered against you, you may only have a few short days in which to act if you want the judgment set aside. A default judgment may seem unfair, but if you wait too long, it may become impossible to fix or “vacate” the judgment. That is why it is important for you to consult with any attorney right away. Knowing how to remove or set aside a judgment can be difficult to discern. California’s code of civil procedure, section 473 and 473.5 are to commonly cited code sections used to help a defendant set aside a default judgment. However, if you do not know the differences, you may miss an opportunity to raise the correct issues. To make matters worse, after a judgment is entered against you, interest may start to accrue and collections may start. This is serious and could jeopardize your own finances. Let our experienced attorneys help you. Contact us today and let us hear your story.
What Happens After A Judgment?A default judgment is like any other judgment if you wait too long to fix it. After a judgment is entered against you, interest may accrue up to the legal rate of 10%. You can also face a variety of collection efforts to force you to pay the judgment. You could face a variety of debt collection consequences, including:
- Having your income and paychecks garnished;
- Having your car towed or repossessed;
- Having your bank checking or savings account funds taken or levied;
- Having a lien placed on your home or real estate;
- Having your credit report take a hit; and
- Most significantly, the emotional stress and anxiety that may arise from the collections process.