Legal Question in Civil Litigation in California
Default time limits in CA
Hi. I am facing a default judgment in a civil case. I will be filing a motion to set aside the default. Can anyone tell me how long I have? I've heard everything from 15 days to 6 months. Thank You.
3 Answers from Attorneys
Re: Default time limits in CA
Keep in mind that you typically also have to file your responsive pleading at the same time you file the motion to vacate the default judgment. Depending upon what the matter is, we may be able to assist you. I would recommend you speak with an attorney as soon as possible.
Yours truly,
Bryan
619.400.4929
Re: Default time limits in CA
The answer will depend upon a number of factors, including why you defaulted and how you learned that it had happened. Without that information, there is no way to give you a definitive answer.
Keep in mind that, in addition to setting aside the default judgment, you will have to ask the court to set aside the underlying default. The default and default judgment are separate events, and they almost certainly happened at different times.
Re: Default time limits in CA
Do it Now. Immediately. Tomorrow morning when the clerk's office opens. Use a lawyer. You'll only get one shot at it.
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