Legal Question in Civil Litigation in California

I am being sued in a civil case worth over $25,000. If I don't respond within 30 days and the plantiff gets a default judgment, what happens? Can the plantiff send a Sherriff to my house to collect my belongings on day 31 or is there some time period that has to pass or do they have to serve me with a chance to pay them first before they come to my house? The case is in California Superior Court. I breached the contract to pay so I'm going to accept the default judgment but I just want to know what to expect on the date my 30 days expires. Can anybody help me with that? Thank you very much.


Asked on 12/06/11, 12:36 am

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

If the lawsuit is for a breach of contract, and the damages are fixed or capable of easy calculation, then the clerk is authorized to enter a default judgment, which can be requested at the time of requesting the entry of default. There is no fixed statutory time for preparing a default judgment, as it depends on how busy the court is. It can range from the day the judgment package is submitted to the court clerk, to a month or two later.

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Answered on 12/06/11, 8:47 am
Herb Fox Law Office of Herb Fox

Nothing happens to you on day 31. If you do not respond, the plaintiff will be entitled to a default judgment, and it can take anywhere from a few days to several months for the plaintiff to get one, depending on numerous factors. Once they have a judgment, they can then make your life miserable in a variety of ways.

In my opinion, sitting back and allowing the default is the worst thing you can do. You lose all control over settlement, payment plans, the amount that is owed, etc. If you owe the money, the time to contact the opposing party and work out a settlement is now, before the default is entered. You also may have defenses to the action that you are nor aware of (that's why God made lawyers), and you may have defenses to enforcement, including bankruptcy court protection.

Given the amount at stake, isn't it worth a few hundred or even a few thousand dollars to consult with an attorney and make an informed decision based on legal advice?

Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the LawGuru website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. The Law Office of Herb Fox does not and cannot warrant that any communication through the use of this web site is confidential, and by posting your inquiry you have waived confidentiality for the purpose of my response. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.

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Answered on 12/06/11, 9:42 am
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Fox. In addition to his points, you should know that a judgment will show up on credit reports and background checks for years to come. Even if you can't negotiate much of a reduction in the amount, if you can settle and prevent a judgment from being entered you will be better off.

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Answered on 12/06/11, 4:04 pm


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