A debt collector, Velocity Investments, and their attorney, Mandarich Law Group, sued me over a debt. I’m in California. After some research, I learned I could file a motion to compel arbitration instead of an answer, so I went ahead and did that. I filed it with the court and mailed it to Mandarich Law Group. I even have a hearing date coming up, but I don’t know yet if the motion will be approved or denied.
Here’s the issue: Before the hearing, Mandarich sent me a “request for entry of default,” claiming I didn’t respond to them and asking for a default judgment against me. I haven’t seen this request show up in the court’s records, even after waiting a few days.
My concerns:
If the court hasn’t recorded their request yet, is it even legit?
They claim I didn’t respond, but I filed the motion and mailed it to them. Could they just be pretending they didn’t get it?
The letter they sent includes an offer to make payment arrangements. If they’re pushing for a default judgment, why would they still want to negotiate? Is this just a bluff?
I feel like something’s off with their approach. I really want to protect myself this time. Should I wait for the hearing or try to contact them? I did try talking to them before the case started, but they weren’t open to settlements or letting me speak to the lawyer.
Call the court clerk for civil cases and explain your situation. It’s possible the default request was rejected because you already filed your motion. Or it might still be sitting in a pile waiting to be processed. If the default does get processed, you can file a motion to set it aside by showing you responded properly with the motion for arbitration. Act quickly to protect yourself.
@Clarke
Thanks. Just wondering… what happens if they claim they didn’t get the documents I sent or if I messed up the process somehow? Can they get a default judgment before the hearing?
Grayson said: @Clarke
Thanks. Just wondering… what happens if they claim they didn’t get the documents I sent or if I messed up the process somehow? Can they get a default judgment before the hearing?
If your motion wasn’t filed correctly, they might be able to argue for default. Courts have rules for these things, and it’s important to follow them. But there will likely be a hearing for the default request, so make sure you attend to explain your side.
In some courts, you might need to file an answer (like denying their claims) and then file the motion to compel arbitration separately. It’s possible your motion alone isn’t enough, or they might be trying to take advantage of the situation since you don’t have a lawyer.
@Jesse
Thanks for pointing that out. I thought I followed the rule because I referenced this:
California Code of Civil Procedure 1281.7 says you can file a motion to compel arbitration instead of an answer. I hope I did it right, but now I’m not so sure.
@Grayson
That rule seems to back you up. Maybe their claim that you didn’t respond is just a delay in processing or an oversight. It’s still a good idea to oppose the default request just in case.
Jesse said: @Grayson
That rule seems to back you up. Maybe their claim that you didn’t respond is just a delay in processing or an oversight. It’s still a good idea to oppose the default request just in case.