Legal Question in Civil Litigation in California

Rejection Notice by the courts on Proof of Service

There is a default judgement filed against me and I was not properly served. The courts online search shows that they are unable to process the proof of service because the name does not match the name on the complaint. I want to fight the default judgment but is this excuse acceptable? I have a case managment hearing next week and opposing counsel is refusing to let me respond. Without the funds to get legal assistance I feel I am going to be fed to the wolves. Anyone out there willing to help me PRO BONO?

Asked on 4/08/09, 6:09 pm

1 Answer from Attorneys

Adam Telanoff Telanoff & Telanoff

Re: Rejection Notice by the courts on Proof of Service

This does not make any sense.

If the court would not accept the proof of service, then there can be no default entered.

If there is no default entered, you can file an answer, and you do not need to set aside the default.

If you do not have money, you can ask the court for a fee waiver.

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Answered on 4/08/09, 6:33 pm

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