Legal Question in Civil Litigation in California

Re: contract abitration and default judgment

If not to late, you will have to file a motion to vacate, and then motion the court to move to CA where the aribration clause can be invoked. You will need an attorney.

Re: contract abitration and default judgment

Were you represented??? Why was this not dealt with when action filed and, was it served on you or correct person? Need more info and timing of it all to properly answer and provide options. Don Holben 800-685-6950

Re: contract abitration and default judgment

If the judgment is in another state, you must have an attorney there TRY to get the court to set aside the judgment, and/or quash summons, and/or order the matter transferred to the proper forum in CA. If you are successful, the Plaintiffs will have to bring it to CA. Then you can hire counsel to defend you properly. Contact me if you need legal help after it is ordered to CA, or if you want assistance locating and supervising an attorney out of state.

Re: contract abitration and default judgment

You are in a bit of a tight situation. You must get what is called "relief from default and default judgment." That would require a motion in the state in which the judgment was taken. If it is anything like California, it would require a showing of excusable mistake, inadvertance or surprise or neglect. You still may have waived the right to arbitrate your dispute. You would have to make a showing against that contention, here in California, if they objected to the arbitration. Court's do, however, favor arbitration proceedings over court proceedings when the parties have agreed to it. It is also inappropriate for any attorney who answers your query to make unsolicited offers of his/her legal services. It is appropriate if you request it.