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.

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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.

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Answered on 4/27/07, 12:56 pm


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