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?

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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 8 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.


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