Hi,I am being sued for a car i cosigned on at Golden One Credit Union for my son and his wife.I submitted papers to the court in bakersfield...

Question

Hi,I am being sued for a car i cosigned on at Golden One Credit Union for my son and his wife.I submitted papers to the court in bakersfield ca but they were returned because i did not file them correctly and i was found in default.Please let me know what is going to happen next.

Answer

The court will hold a hearing to allow the plaintiff to prove the amount of its claim. Your right to contest anything will be severely limited.

Your remedy is to file a motion with the court to set aside the default. Your prior experience with the court system leads me to think you will need a lawyer to help you with this, as a motion is more complicated than filing an answer to the complaint. Counsel may also be able to work out an arrangement with the plaintiff to help resolve this matter.

Do not delay in finding an attorney -- time is your enemy here. The longer you wait, the more likely the court will not set aside the default. You should be aggressively looking for an attorney next week, despite the holidays.