California | Civil Litigation
Legal Question
can a default judgment be reversed in a civil case if the defendant was too disabled to participate?
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Legal Answer
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Read More Answered By: Aryeh Leichter |
Yes. Under Code of Civil Procedure section 473(b), a court may relieve a party from default judgment taken against him through his mistake, inadvertence, surprise, or excusable neglect. You're disability may constitute excusable neglect.
You must file a motion to be relieved from default judgment within a reasonable amount of time but in no case more than 6 months after the date of default. The motion must be accompanied by an answer or other responsive pleading.
Ari
________________ Aryeh Leichter Leichter Law Firm 3580 Wilshire Blvd., Suite 1745 Los Angeles, CA 90010 Phone: (213) 381-6557 Fax: (888) 801-6629 LeichterLaw@gmail.com www.leichterlawfirm.com |
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