Legal Question in Civil Litigation in California

I was served a default judgement and the sum of the total money they say is typed incorrectly if I pay the incorrect balance does that clear the suit? I was also never served for the hearing


Asked on 3/09/12, 5:18 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

If the court made a clerical error -- say, by mis-typing the amount on the judgment -- then you are not entitled to the benefit of that error. I believe the judgment creditor would have to have the error corrected before he could actually enforce the correct amount, but assuming he does that you will have to pay the entire amount.

That you weren't served with notice of the hearing is probably irrelevant. Default judgments are entered only against defendants who either fail to answer the complaint or who answer but later stop participating. Unless something very odd happened here, you fall into one of these categories and were not entitled to notice of the hearing.

Depending upon the circumstances, there may be ways for you to challenge the judgment. In particular, you may be able to get relief from the initial default and the default judgment -- but only if you didn't know about them until recently. Feel free to contact me directly if you want to discuss this possibility.

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Answered on 3/09/12, 5:44 pm


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