Legal Question in Appeals and Writs in California

Re: setting judgement by default aside

The key question is whether you owe the amount claimed in the judgment. If you do, the chances of success in setting aside the judgment are limited and your better recourse is trying to mitigate your losses. If there is no basis for the judgment your only recourse is through an equitable motion or separate lawsuit in equity to set aside the judgment. The time to move to vacate the judgment pursuant to CCP section 473 is six months, which according to your inquiry has long expired. Again, in a swearing contest you have a difficult task. It is more onerous if you need to proceed without benefit of counsel. You will not be heard by the court except through a motion in equity or an equitable suit to vacate the judgment. However, you must carry the burden of establishing that you were not served. Good luck.

Re: setting judgement by default aside

The first thing is to attempt to set aside the judgment, which may be difficult based on age. You cannot have case dismissed by an "appointment" with the judge. You may be able to file for summary judgment, if applicable, or simply have your trial.

JOEL SELIK Attorney at Law

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Re: setting judgement by default aside

The idea that you would consider attempting to "get an appointment with the judge" (you won't get one) reveals that you need legal help. You need to file a motion, in the proper legal form and without delay, for relief from default and default judgment under Section 473 of the Code of Civil Procedure. You would need to demonstrate you did not get notice of the judgment and that you have a defense to the claim. You had better get some good legal help, because you will only get one shot at your motion -- if you lose, the $100,000 judgment will stick. Even if you win the motion, you would then have to defend the lawsuit. You need to appear at the time and place listed on the Notice of Appearance you received, or you could be arrested. Make an appointment with a lawyer before then. If the claim could possibly be covered by your homeowners', renters' or auto insurance policy, call the insurance company without delay.

Re: setting judgement by default aside

A motion to set asside the default is your only option. Such motions do succeed on occassion. Call me directly at (619) 222-3504.

Re: setting judgement by default aside

You definitely need to see an attorney, and immediately. There are several legal options open, including a motion in the existing suit, or even a new lawsuit to set aside the judgment. But a lawyer is mandatory - and if you have some kind of insurance (homeowners, business, auto) depending on what kind of incident the judgment is based on, then the insurer may defend you. Until then, you are a debtor and the creditor can use various enforcement methods to collect. Again, do not delay seeking professional assistance. And do not contact the lawyer for the creditor or the creditor.