Legal Question in Consumer Law in California

Is the defendant served the Req for Entry of Judgment and/or Judgment? How much time to file to Set Aside Default / Vacate Judgment? (LASC)

This was an acct paid in full as due each month. Pymts were then refused w/o cause, followed by filing suit for non-pymt. Last known this case was on calendar the end of this month until just learned online a Default Judgment was entered in May. No notices were received by plaintiff or court on the Req for Default, Judgment, or moving the court date back 3 months. The last hearing in Feb was an OSC for Failure to File POS and Req for Default (both rejected). Plaintiff failed to appear yet the case was not dismissed but con't to Aug. I, the Def appeared but not heard w/o an atty or Answer filed. I was served the Minute Order by the court. *Atty was to file against plaintiff prior to this retaliatory filing against me, then said they'd get it dismissed and still file. Was left hanging by atty who took med leave, referred cases but never mine. If answered timely and properly, this case would never seen a courtroom. The judgment isn't the concern, it's *ALL* my personal property gone!

Asked on 8/27/18, 3:42 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Take a look at California Code of Civil Procedure section 473 and particularly subsection (b). From the dates you state, you seem to have a little time to file a motion to vacate judgment, but as far as the personal property, that might be very problematic, as much of it likely was discarded. You should talk to a lawyer locally to explore your options.

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Answered on 9/01/18, 1:44 pm

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