Here is the info: Wife got summons to court on a old credit card bill on a Sunday. Could not have been any worst timing. My dad had 2 strokes the night before. So my wife saw I was distraught and tried to fix it with out me. She admits that it was the biggest mistake in her life. She called the lawyer for the CA which is a JDB and asked how to fix it and stay out of court. They CO played bad cop.. There is nothing you can do but pay the full price or risk even more fees when she goes to court. The Lawyers mediator played good cop... Yes we want to work with you we will send over some paperwork and if you agree to it then just sign it and we will arrange monthly payments for 100 dollars until its paid off. She was terrified to go to court so she signed it. I know BAD. My dad is doing better so she showed me what she had done. The document she signed was called :Stipulation for entry of judgment upon default". I have went to the court house and filed a answer, (within the 30 days) to the fact the debt is SOL and that I demand DV. We showed the Stip to the clerk and asked if was filed yet. His answer was no and that by the look of the back page "that had no place for a judge to sign", He said "it would appear that the plaintiff never intended to submit". Is this true? First Q: What does it mean Stipulation for entry of judgment upon default? Does it mean that upon default of not answering the summons. Or default if she does not pay on the agreed upon date? Second Q: Shouldn't this be SOL? The CC debt was to target then purchase by JDB. Account history on Expirian is: 30 days as of Sept 2004, Aug, 2004. 60 days as of Oct. CA filed on Aug. 8 2008 Equifax Is: Date of Last payment 7 of 2004 They were nice of enough to tell my wife they just made the SOL by a day or two. State is California. I have bank records that show last payment on July 29th 2004. Oh and also the lawyer told my wife that she did not have to do anything with the court they would take care of everything for her. How Nice. Default judgment. Sorry for the long post just wanted to get most of the facts out in the beginning. Thanks for any insight on these questions.
Stipulation for Entry of Judgment upon Default means that she agreed to the debt and worked out arrangements and if she defaults judgment will be executed on. As for the SOL issue, you'll have to have them prove that it wasn't filed in time, but since she signed that Stipulation Order, you should contact an attorney.
