California | Civil Litigation
Legal Question
Late on Vacate Default (but not Default Judgement)
Back in June, I Defaulted on a Tort claim, not realizing the ''Answer'' was required in 30 days. A Court date was set (a few days after the unknown deadline)& I assumed THAT was filing time . The attorney I hired got tied up an extra week in trial, and to both our surprise, by the time we met, it was one day before the default. He tried to reach opposing counsel, but it was too late. The money then froze up when my wife suffered a crippling accident at work, and went on disability, as I am. Not able to afford an attorney (and my wife having corrective surgery plus a few major follow-up procedures), the Default Judgement went through (Oct). I attempted learning the Courts alone, file ''Motion to Set Aside'' myself, but made costly errors and it was denied (Nov)...Discouraged, and sure I was finished in Court, while browsing a law book a few days ago, I discovered legal paths I could have taken...like CCCP 473. Now it's past 6 months from the default- What do I do? Amend my pleading? File a Reconsideration Motion? Quit? I'm sure I could have won if I could have pleaded.
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Read More Answered By: Alden Knisbacher |
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