Legal Question in Bankruptcy in California

I HAVE SOMEONE WHO HAS GOTTEN A DEFAULT JUDGMENT AGAINST ME. WHAT OPTIONS DO I HAVE TO TRY AND GET THIS REVERSED. IS THERE A WINDOW OF TIME THIS WOULD hVE RO


Asked on 12/22/17, 8:24 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Yes. You can file a motion in the state court to set aside the judgment based upon mistake, inadvertence, or excusable neglect -- within 6 months of entry of judgment. See Code of Civil Procedure section 473 subsection (b). Also, within six months of entry, you could file a motion for the same purpose if you were never served and had no actual notice that the lawsuit was pending, under Code of Civil Procedure section 473.5.. If the judgment is void for some reason, you could file a motion under 473(d). If that doesn't work for you (or you don't want that hassle and/or expense) and you qualify, you might file a Chapter 7 bankruptcy at any time. It can discharge most debts with certain specified exceptions.

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Answered on 12/22/17, 9:25 am


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