Legal Question in Credit and Debt Law in California
Can you still file a general denial after you receive a Request for Entry of Default
Asked on 3/02/10, 9:37 am
2 Answers from Attorneys
Carl Starrett
Law Offices of Carl H. Starrett II
If the court clerk has already entered your default, they will not accept your answer for filing. You would need to either get a stipulation form the opposing attorney or bring a proper motion before the judge to get the default set aside first.
Answered on 3/07/10, 9:42 am
Robert F. Cohen
Law Office of Robert F. Cohen
In addition to what my colleague has stated, if the clerk has not yet entered the default, you may rush to the courthouse and file your answer to the complaint, and have someone else sign the proof of service and mail a copy to the plaintiff's attorney.
Answered on 3/07/10, 10:04 am
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