Legal Question in Civil Litigation in California
In brief:
Have a default judgment.
Did not get notice.
Live 2500 miles away in Michigan.
Know how to file for a default.
How to I get heard without traveling to California?... I'm looking for something like a phone hearing.
How do I request such a hearing?
It's a $1000 case brought in regular court.... NOT SMALL CLAIMS.
Thanks
4 Answers from Attorneys
More Facts. Who sued you, why. Where did you live at the time. When and how did you find out about the lawsuit. Do you think you have a defense to the lawsuit.
Mr. Stone seems to love getting credit for answering questions here without answering a thing. The answer to your question is you first find out if the court in which the judgment was entered participates in CourtCall LLC's teleconference service. I am pretty sure they are the only authorized telephonic appearance option in California. You can also to to their website and search for the court you would be in. If you use the website, be sure you determine which branch and department you would be in. In many courts only some judges participate, although most Law and Motion departments do. Once you have confirmed that you can use CourtCall, you must look up the local rules on reserving a hearing date for a motion with the Calendar Clerk, or otherwise follow their procedures for setting a hearing date. You then must file and serve a noticed motion to set aside the default, probably with a motion to quash service of summons too, set for the hearing date you have reserved or have been told you could select. You then contact CourtCall and reserve a telephonic appearance for that department at that date and time. They will provide you with instructions for how to use the service.
You can use Courtcall. Their website has a list of participating courts. http://www.courtcall.com/ccallp/main?c=CCHOME
You can find the link on the right hand side. If you are setting aside the default judgment, you will still need to file a motion to vacate the default judgment, which must be properly drafted, served by someone other than you that is over the age of 18, and in the proper amount of time before the hearing.
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