Legal Question in Civil Litigation in California

Attn. Mr. Charles Perry, i wasnt at the judgement heiring, they just sent me papers saying they did it, and i had to respond within a certain time period, i didnt have the money to respond, they wanted 430. dollars which i didnt have. i just figured it out yesterday that the bills i did get sued for were past the 4 yr time line, the judgment was in sept of 2012, is there any kind of motion i can file now with the courts to appeal this judgment since i found out this was past the statue of limitations, and shouldnt been admissable in court.


Asked on 2/06/13, 9:32 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

The procedure you must follow is to file a motion to set aside the judgment. The motion will require you not only to pay the first appearance fee that you mention, but also a motion fee. If you do not have the money, you can fill out the appropriate forms to request a fee waiver.

I urge you to act quickly. The more you wait, the more likely your motion will be denied. Among other things, you need to fully comply with Code of Civil Procedure Section 473(b), including the timing requirements for the filing of the motion (requiring the motion be brought within six months of the day the judgment was taken).

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Answered on 2/06/13, 9:50 am


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