Legal Question in Civil Litigation in California
How to convert a default into a judgment
My attorney represents plaintiff in monetary dispute with defendant. Default against defendant was entered for $14,000. Meanwhile, title ins. co./escrow holder interpleaded $11,000 idown payment into Court's hands. How do we convert the default against defendant into a judgment whereby Court orders the title co. to pay the $11,000 to plaintiff?
2 Answers from Attorneys
Re: How to convert a default into a judgment
I find it hard to believe that your attorney doesn't know how to do this.
Re: How to convert a default into a judgment
I agree with Mr. Stone that your attorney should know, or be able to figure out pretty quickly, how to do this.
Your answer depends on where you are in the process - "Request for Entry of Default" or do you have a "Notice of Entry of Judgment." (I couldn't quite tell, although it sounds like the latter.)
If you have only done the first, you would typically file a request or application for Court Judgment (this is the same form as a Request to Enter Default) with supporting declarations. In the application you can request that the Court direct the title company to release the funds.
Once the judge gives you your Court Judgment, a minute order (if applicable), or the Notice of Entry of Judgment should be sufficient to get the title company to release the funds.
As you can see from my response, the process is a little bit convoluted so your Attorney should be doing this.
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