Legal Question in Civil Litigation in California
Defendant does not show in court
if a defendant does not show for small claims court and a judgement is entered for the Plantiff can the no-show defendant protest the judgement? Thanks,
2 Answers from Attorneys
Re: Defendant does not show in court
The defaulting defendant must take steps in trial court to set aside entry of default before further legal action (including appeal) can be taken.
Re: Defendant does not show in court
I presume that by "protest" you mean actually challenge the judgment rather than just complaining about it. The answer is yes, but the defendant will have to offer a very good explanation -- such as improper service of the complaint or a medical emergency -- for his absence from court. With such an explanation he may be able to win relief from the default judgment and get another chance to present his case.
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