Skip to Content (Press Enter)

Skip to Nav (Press Enter)

Effective, Experienced, Exceptional.

Firm Profile

Default Judgments

Subscribe to Consumer Finance

Thank you for your desire to subscribe to Severson & Werson’s Consumer Finance Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

California Superior Court Appellate Division Makes it Easier for Banks to Obtain Default Judgments; Orders Judicial Clerk to Enter Judgment on Open Book Accounts without further Proof

by Scott J. Hyman |

In HSBC Bank Nevada, N.A. v. Aguilar, --- Cal.Rptr.3d ----, 2012 WL 1813379 (Cal.Super.A.D. 2012), the Appellate Division of the Superior Court required the superior court clerk to enter default judgments in debt collection cases.  Once a default has been entered on proper service of process, no further prove-up is necessary and the court clerk’s requirement as a condition of… Read More

Court (NY) Cites Nathan Detroit in “Guys & Dolls”, Rejects Default Prove-Up

by Scott J. Hyman |

In American Exp. Bank, FSB v. Dalbis, 2011 WL 873512 (N.Y.City Civ.Ct. 2011), Judge Straniere rejected an application for default sought by a Bank against its customer on the basis that there might be a statute of limitations problem and the Bank had not properly proved up the instrument evidencing the debt. Having apparently just appeared at a high school production… Read More