Legal Question in Credit and Debt Law in California

what from do i need to dispute or rebut a request for entry of default/


Asked on 12/19/09, 11:09 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If the default already has been entered, you need to immediately file a written motion to set aside the default, and attach a sworn declaration explaining why you didn't answer the complaint and show inadvertence, surprise, or excusable neglect. See California Code of Civil Procedure sections 473 and/or 473.5. If it's not yet been entered, you can file your answer. You could also try to get the plaintiff's attorney to sign a stipulation to set aside the default.

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Answered on 12/24/09, 12:08 pm
James Obecian law office san diego

You only have six months to file motion to set aside a default. This office files such motions on behalf of pro=per clients for $ 900.00. I need to review the facts and any documents. Contact me directly at 619 222-3504 or e-mail me at [email protected].

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Answered on 1/21/10, 12:26 pm


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