Legal Question in Civil Rights Law in California

Bad Faith Waste

I was served for Bad Faith Waste on my home that was foreclosed on me by the 2nd mortgage holder. I failed to respond prior to the entry of default with the courts. I would like to respond now but am unsure of what form or action to take. The plantiffs attorney said to file an Exparte Hearing to Set Aside the Default Judgement. I dont know if I should rely on her advice being she is workign for the plantiff and I am the defendent. I have no money to hire an attorney so any advice or input would be greatly appreciated.


Asked on 4/08/09, 12:32 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Bad Faith Waste

If you're already out of the house, and there's no danger that you're being evicted, then you'd have to file a noticed motion to set aside the default. Those are not easy to do, and require a legal professional's assistance.

You might find guidance or even samples at a law library, but there's no guarantee you'd succeed. You should look at Code of Civil Procedure section 473 to know the criteria, including excusable neglect for not having responded in a timely manner.

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Answered on 4/08/09, 12:39 am


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