Legal Question in Construction Law in California

Re: entry of default

You should hire an attorney to try to get this matter resolved before any of your personal assets or property are seized or levied against. Please review my profile and contact me if you should seek representation. Our office serves all of California.

Generally you will have to file a motion for relief from entry of default, within six months normally. The motion is governed by CCP 473. The court may relieve a party or the party's attorney from a judgment, dismissal, order or proceeding taken against him based on "mistake, inadvertence, surprise, or excusable neglect" (CCP 473(b).) If you were actually served with the lawsuit then the grounds for relief from entry of default depend whether the motion is made within the 6 month window or not usually. After six months, you would have to establish that your failure to respond is because of extrinsic fraud or mistake.

Thank you for your question.

Re: entry of default

There are reasons (and a proper way) to have a default judgment vacated, but it takes filing a motion with the Court. Depending upon how the company was structured, you may not be able to do this by yourself because businesses must have an attorney appear for them.

I would be willing to discuss some of the issues concerning your case to see if I may be of assistance.

I offer prospective clients an initial consultation of 30 minutes for free.

I look forward to speaking with you.

Yours truly,

Bryan

Bryan C. Becker, Esq.

Principal

Law Office of Bryan C. Becker

The Koll Center

501 W. Broadway, Suite 800

San Diego, CA 92101

Toll Free: 877*201*8728

Direct: 619*400*4929

Fax: 619*400*4810

Member, National Association of Consumer Advocates

www.naca.net

Re: entry of default

IF the judgment against you is less than 6 months old, you MAY be able to get it set aside by proper motion to the court, accompanied by a proposed Answer to be filed, showing you have balid legal defenses you could have raised. Feel free to contact me if serious about straightening this out, if the case is in SoCal.

Re: entry of default

Don't sit on it any longer. Get one of these guys or our CA member or another attorney familiar with litigation and business entities law now, before they're trying to take your qualifying assets.