Legal Question in Appeals and Writs in California

Time of response to a Default Judgement served by mail

I was not legally served a summons and therefore did not know I had been sued. The summons went to an office where as a retired realtor ,I do not visit more than 5 to 7 times a year.

Since I was not even aware of the suit the claimant got a Default Judgement on 11/11/02 that I was not made aware of until now.

I have been told by one that I only had 15 days to file a Release of judgement to the court, by another that I had 60 days to respond.

Please advise me what is the real time to a Default Judgement that was for libel and slander againts me.

Since I was not personally served on either the summons or judgement, were I served at my home or even notified by phone, what is my recourse now.

Thank you in advance, from a Senior citizen who has never filed a lawsuit or had one served on him.

Loyd


Asked on 11/12/02, 10:10 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Time of response to a Default Judgement served by mail

You need to file a motion to set aside the default and default judgment. How much time you have to do this depends upon a variety of factors too numerous to list here. It could be as little as 60 days or as much as 2 years, or possibly even more if you can show some sort of fraud by the plaintiffs.

You need to consult with a laywer in your area quickly to establish what you can do and when you need to do it. Don't delay this consultation, since the clock is ticking against you already and it will take at least some time to do what you need done.

Bear in mind also that setting aside the default is not the end. The case doesn't go away when the default is lifted; instead, you have an opportunity to defend yourself now as you were not able to do before. When you talk to a lawyer you should be prepared to discuss the merits of the plaintiff's case against you.

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Answered on 11/12/02, 10:29 pm
Larry Rothman Larry Rothman & Associates

Re: Time of response to a Default Judgement served by mail

You should immediately hire an attorney to make a motion to set aside the default. If you wait to long, you will have advserse consequences. Please contact my office for free consultation.

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Answered on 11/13/02, 9:14 am


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