Legal Question in Credit and Debt Law in California
Opening a default judgment
Can a default judgment be opened after
15 months, where the defendant just
ignored the lawsuit, but the defendant
does have some defense to excessive
damages?
Asked on 4/27/07, 10:39 am
2 Answers from Attorneys
Joel Selik
www.SelikLaw.com
Re: Opening a default judgment
If they had proper notice, it would be difficult to overturn.
Answered on 4/27/07, 11:39 am
Matthew Mickelson
Law Offices of Matthew C. Mickelson
Re: Opening a default judgment
The defendant is probably not going to be able to open up the default judgment unless he shows that he never received notice of the lawsuit, or that the proper procedures for service were not followed. The fact that there are excessive damages is not sufficient to reopen the judgment and contest it. Please feel free to contact me if you would like to discuss this further.
Answered on 4/27/07, 12:56 pm
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