Legal Question in Credit and Debt Law in California

notice of default

I recd a notice of default..and I had recvd repl;ied that the reason I recvd it ws becaue I was served witha a lawsuit and didnt reply..which is not true..wouldnt I know if I hgad been served with a lawsuit.....dont they need to send certified mail or something, I never recvd anything, stating that I was being served in a lawsuit.....as I definatley wouldnt have let it go this far....Dont they have to have somekind of proof that I recvd paperwork indicating I was being sued???


Asked on 12/28/05, 11:14 am

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: notice of default

You need to file a Motion to Set Aside Default right away.

Yes, they must have served you but there are many ways to do so.

JOEL SELIK

Attorney at Law www.SelikLaw.com

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Licensed to Practice Law in California and Nevada

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CA Real Estate Broker, CA Superior Court Judge Pro Tem, Mediator/Arbitrator

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Answered on 12/28/05, 12:10 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: notice of default

All that is needed is a declaration from a process server that the complaint was served. You may file a motion to set the default asside. I practice in Orange County Courts plus. Call me directly at 16192223504.

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Answered on 12/28/05, 1:57 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: notice of default

Unfortunately, often times parties in a lawsuit (including their attorney sometimes) do NOT properly serve the opposition, either intentionally or negligently. This is often a type of "strategy" simply to get a default judgment hoping the opposition does not set it aside period. Its immoral and unethical to say the least, but often times a harsh reality. So, you are definitely doing the right thing challenging it now. If you would like effective and very affordable assistance in preparing your set aside motion, contact us directly hereafter.

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Answered on 12/28/05, 2:58 pm


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