Legal Question in Civil Rights Law in California

I have a default judgement against me from a woman who sued me yet i never was ever served and the only day they have me ever appearing in court was for the debtors exam hearing. Yet I NEVER appeared. I am currently waiting for the stenographers notes from that specific date. and I am writing a MOTION FOR RELIEF FROM DEFAULT JUDGEMENT. I just not too sure if i am beginning the correct motion. This judgement was awarded 9 years ago and YES i just found out about it all in 2009, once i won another case and this woman placed a lein on that case. I now am trying to tell the courts one she filed it base on fraud and lies and was awarded without me ever being served.


Asked on 1/18/10, 1:24 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Take a look at Code of Civil Procedure section 473.5. You not only want relief from default judgment, but ALSO relief from default. You should also attach to your declaration in support of the motion a copy of your proposed answer. Otherwise, the court will deny the motion because of the omission. You might include in the motion a request for other relief, such as the extinguishment of the judgment lien.

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Answered on 1/23/10, 1:33 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You might want to get a lawyer to help with your motion, because a motion to set aside a default and a default judgment is a difficult task, you'll only get one chance at it, and if you blow it, you'll be stuck with the judgment forever.

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Answered on 1/23/10, 3:03 pm


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