Legal Question in Civil Litigation in California
Late on filling by two days, what should I file to fight it
I was two days late on filling my responce in a civil suite. I need to stop the default and get a court date set for the matter.
To stop the process proceading what should I file, I realy need to do this as soon as possable. Any help would could realy save me.
3 Answers from Attorneys
Re: Late on filling by two days, what should I file to fight it
Were you able to file your answer? Had they filed default? Have you requested that the adverse set aside default? You need to file a Motion to Set Aside Default.
Re: Late on filling by two days, what should I file to fight it
If there was no default entered, then you are probably OK. If there was, call the other side and ask them to stipulate to set aside the default. The court will almost certainly grant a motion to set aside a default. If you can't figure out how to file a motion, you are going to have tough sledding in any event.
Re: Late on filling by two days, what should I file to fight it
If a default was entered by the clerk, you need to file a Motion to set aside the default. See Code of Civil Procedure Section 473. If the default was not entered, you can file anyway.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
