Legal Question in Civil Rights Law in California
I received a "request for entry of default". The problem is I was not served with the original papers that informed me about going to court. Apparently they served the papers to someone at an old address. How do I respond now? I contacted the attorney on the forms and they are not answering me.
2 Answers from Attorneys
If the court has not yet entered the default, you immediately file your answer with the court and serve it by mail on the plaintiff's attorney. If the court has entered the default, you will need to file a motion to set aside the default under Code of Civil Procedure section 473, and establish in a declaration under oath your surprise, inadvertence, or excusable neglect that caused you not to respond to the lawsuit in the first place.
By filing appropriate motions to set aside the default for good cause, since the attorneys won't cooperate. IF you don't know how to do this effectively, hire an attorney to do so, immediately as there are time limits running. Feel free to contact me if serious about doing so.
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