Legal Question in Credit and Debt Law in California

Re: motion to set aside default

Was this a collection agency who got the default against you? Did the plaintiff actually serve you or did they lie on the proof of service (as they did with one of my current clients?). There are time limits involved, but the procedure is not too complicated. Would be happy to give you some pointers.

Re: motion to set aside default

You need to call the court and schedule a hearing date. You have to file a notice on the other side a notice of motion, point & authorties (a legal brief of your arguments) and declarations under penalty of perjury to show the court the evidence of why it should set aside the default. You will need to research the exact procedures and the law library. If you can afford an attorney, hire one. if not, go see your local legal aid society.

Re: motion to set aside default

First you must deal with the facts; why was tbe complaint not responded to. Then you must find caselaw or statute which will apply to excuse the failure to answer. Get an attorney. I practice in Orange County plus...Call me directly at 16192223504.

Re: motion to set aside default

It depends whether or not the default judgment was entered in small claims or elsewhere. If small claims, you can fill out a standard form. If superior, you would need to present your request in the form of a motion on pleading paper, citing the relevant points and authorities justifying your request. Either way, you should DEFINITELY consult or retain an attorney to assist you so its done correctly. For a free consultation, and/or very affordable assistance, contact us directly hereafter.