Legal Question in Civil Litigation in California
I recently found out that I have a default judgment against me for failure to appear. I was not served the complaint. What is my recourse? The complaint was filed in another city.
3 Answers from Attorneys
If you are within 6 months of the entry of judgment you can try a statutory motion to set the default judgment aside, based on the proposition that you were never actually served. You should get a complete copy of the court file to see what the proof of service represents and if possible you should have a lawyer review the situation with you.
Get to an attorney immediately, with as much documentation that you can get, to determine whether you can set aside that default judgment and the default.
You have no more than 6 months from the date of that judgment to file a Motion to try to set aside the default judgment. If you are still in time, and if this is in SoCal courts, and if you are serious about hiring counsel to represent and defend you, feel free to contact me.
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