What is Zwicker & Associates next move on my default judgment?

[BrokeIn2011]

Without going into a lot of detail about why my 14K past due credit card bill lawsuit summons that is about to turn into a judgment, how long do you think it will be before my summons turns into a judgment, based on the courthouse activity on my hearing that is scheduled for December 14, 2011 (via the activity trail listed below), since it looks like the court will not declare a default judgment (right now), since certain paperwork is missing as of this past Friday.

Lastly, since I have heard that Zwicker & Associates are a real VERY BAD company to deal with, I am wondering from people that have dealt with Zwicker & Associates upon getting a default judgment, in regards to what do they usually do once they get their default judgement . . . i.e. what are some of the first things I should notice that they are enforcing their judgment (put a lien on my house, levy bank accounts, wage garnishment) and normally how long does it take for them to start enforcing their judgment?

Courthouse case activity trail:

11/04/2011 REJECT SHEET SENT TO (FIA CARD SERVICES, N.A.) FOR
REJECTION OF REQUEST FOR ENTRY OF DEFAULT CLERK'S
JUDGMENT ** THE CLERK'S OFFICE REQUIRES THE ORIGINAL
PROMISSORY NOTE/CONTRACT OR A DECLARATION OF LOST
ORIGINAL ALONG WITH AN EXEMPLAR CARDMEMBER AGREEMENT AND
STATEMENTS/INVOICES. SUBMITTED ON 10/17/11

10/17/2011 REQUEST FILED AND DEFAULT ENTERED OF (JOHN DOE) .
DECLARATION UNDER 585.5 CCP, DECLARATION PURSUANT TO 587
CCP, MEMO OF COSTS, AND DECLARATION OF NON-MILITARY STATUS
FILED.

06/21/2011 ORDER TO SHOW CAUSE HEARING/CASE MANAGEMENT REVIEW SIGNED
AND FILED BY KATHLEEN O’DOE TO SHOW WHY SANCTIONS
SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF
SERVICE PURSUANT TO CRC 3.740(E). MATTER SET FOR HEARING
ON 12/14/11 AT 09:00A M., IN DEPT. KB7 . CERTIFICATE
OF MAILING FILED.

[LadyInTheRed]

It looks like the default was entered. But, the judgement has not yet been entered because the documents filed were insufficient. The judgement will probably be entered as soon as the required documents are filed which will probably happen before December 4th if Zwicker & Associates doesn't want to show up in court to explain the delay.

The 12/14/11 hearing was set because the certificate of service showing that the Summons and Compliant were served on you was not filed by 180 days after the complaint was filed. It looks like the certificate was eventually filed. If the certificate was not filed, the court would not have entered the default. That hearing was probably originally set for an earlier date, but after the Certificate of Service was filed, it was continued to 360 days after the complaint was filed as required by Rule of Court 3.740(E). Because the Order to Show Cause was entered on June 21, I'm guessing that the complaint was filed around December 20, 2010. Zwicker has 10 days before the December 14, 2011 hearing date to obtain a default judgement. If they don't get the default judgement by then, they'll have to show up in court to explain why they haven't moved the case along and why they should not be fined. This is all based on Court Rule 3.740, which you can read at: http://courtinfo.ca.gov/cms/rules/in...nkid=rule3_740

[GoingDown]

In most cases, a lien on real estate is automatic once they get a judgment, and it will attach to any equity you have in the house. Generally this means that if you sell it or refinance it, the judgment will have to be paid at that time to release the lien. If you don't plan on selling it or refinancing it, then it really doesn't matter.

In some states they have to record an abstract of the judgment and it then becomes a lien against your real estate. It is a simple matter and they can easily do it.

I hope you realize that your checking account / savings account, etc. will be their first target. As a rule of thumb, never keep more money in a checking account than you can afford to lose after someone files a lawsuit against you. You may want to read the sticky above about "EXEMPT FUNDS" for more information about this. In fact, there are several stickies above you may want to read for more information about lawsuits and wage garnishments, etc.

[LadyInTheRed]

In some states they have to record an abstract of the judgment and it then becomes a lien against your real estate. It is a simple matter and they can easily do it.

That is how it works in California. Once the judgement is entered, the creditor can get an abstract of judgement from the court clerk and record it with the county recorder in the county where the property is located. Then they wait for you to sell the house or your bank to foreclose and hope there is enough to pay them.

[BrokeIn2011]

Thank you very much LadyInTheRed, and GoingDown.

Well I am back. I am so very sorry that it has taken me so long to respond back to the both of you, for trying to help me, however it just has been such a long and painful last few days trying to deal with my financial problems and trying to figure out what I should do, since I am basically flat broke.

I just want to take this opportunity to thank all of you for being so kind to provide me with good & detailed feedback and help. What you have provided, certainly gives me good food for thought.

Thanks again you two, for your most kind and generous help:-)