Legal Question in Appeals and Writs in California

Re: judgment

You have 6 months from the judgment date to try to set it aside by a properly prepared motion and supporting documents. Part of the package required is your proposed Answer or other motion on the pleadings. If this judgment is for an amount that justifies hiring an attorney, do so immediately.

Re: judgment

I agree with what Mr. Lynes said. The other responses are only applicable in certain situations. You are obviously going to want to set aside both the judgment and the default. I write only to mention that should speak to an attorney as soon as possible, as time is of the essence.

Very truly yours,

Re: judgment

depending on how long ago it was, file a Motion to Set Aside Default

Re: judgment

You should be able to bring a motion in the trial court to set aside the default, though how likely you are to succeed will depend upon additional facts.

You should not try to bring this motion on your own. You will only have one chance to get it right, and a layperson can easily botch such a motion even where the facts are on his side.

Re: judgment

I recommend that you immediately go to the court and pull a copy of the court file from civil clerk�s office. Review and copy its ENTIRE contents and take them to an attorney for review. There are number of ways to �potentially� attack the validity of the judgment, including improper service of the original complaint or by motion to set aside the default judgment. While personal or substitute service of the complaint is generally required, you may have been served by publication.

The procedures and methods to challenge the default judgment can be very technical, and therefore a civil litigation attorney is who you need. If you cannot afford one, check with your local law library or county bar association � they may be able to refer you to legal aid, pro bono attorneys, or at a minimum, the resources for you to try to do it yourself.

[Please be advised that the statements and opinions provided above are an informational service to the general public. Since this reply is based upon an incomplete description of facts, this email should not used as a substitute for legal advice from a qualified and fully-informed attorney. Moreover, these communications are intended for use by the public. As such, this email does not constitute a confidential communication nor does it create an attorney-client relationship with Lynes & Associates or any of its members.]