If I was sued by 2 banks for not paying credit cards but wasn’t served, will I get a bench warrant for no show?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was sued by 2 banks for not paying credit cards but wasn’t served, will I get a bench warrant for no show?
Asked on May 11, 2012 under Bankruptcy Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You won't get a bench warrant. A default judgment will be entered against you which means you will have lost the case. However, you can file a motion to set aside the default. Your argument is that you were never served and therefore did not have an opportunity to file an answer to the complaint (complaint is the lawsuit attached to the summons) with the court and serve it by mail on the opposing parties within the time set forth in the summons. If the court grants your motion to set aside the default, the case will then be back on track and litigation will continue. If you don't file your motion to set aside the default, the opposing parties can enforce the default judgment against you by a wage garnishment or other methods such as a lien on your property.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.