Legal Question in Appeals and Writs in California

How to Petition the courts

My father has a judgement against him and he was trying to answer the judge via a letter to the court clerk but they sent it back unacceptable, so my question is there is a form(a way to submit info to the courts I remember that it had to be on specific type of paper, size and color and a format to the letter)before the court clerk would accept it to request a court hearing? My father wants to give the facts to the judge his side of the case because they actually had a case and my father didn't know about it and they one their case so now he is trying to give the judge his facts to have the judgement overturned. Where do I get the format from? Can I get it on the internet? Or do I need to go to a lawyer to get that?


Asked on 4/06/06, 9:47 pm

3 Answers from Attorneys
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: How to Petition the courts

A letter to court will not help. Filings in court must be in the proper legal format. The court will generally not excuse you for any reason.

How old is the judgment? Merely asking to have it set aside is not enough. There are strict time limits at issue. Your father needs to get himself immediately to an attorney familiar with civil litigation.

We are experienced civil litigators. If you would like to call or email for further information, please feel free to do so.

Good luck.

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Answered on 4/07/06, 4:20 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: How to Petition the courts

Your father probably needs to file a petition for relief from both the default and the default judgment, though with additional facts I might conclude that this isn't the best approach. He needs to act quickly, and his chances of success will depend in large part upon how long he has waited since learning of the case and/or the judgment.

This is not something a layperson should attempt on his own. If at all possible your father should hire an attorney to represent him.

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Answered on 4/07/06, 4:30 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: How to Petition the courts

Your father needs an attorney right away. The problems he has encountered so far and his lack of knowledge of proper court procedure is evidence enough of the need for an attorney.

The first step may be filing a motion to set aside the default and the default judgment. If you can convince a judge that there are sufficient legal reasons to set aside the judgment, then the case would proceed like any other lawsuit. The key to filing such a motions is pointing the court to the evidence and applicable legal authorities.

There are short time deadlines to file a motion to set aside the default. I would contact a local attorney now, before it is too late.

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Answered on 4/07/06, 4:31 pm


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