Legal Question in Civil Litigation in California
is it too late to reply to a form i rec'd request for entry of default?
3 Answers from Attorneys
Yes. You would have to file a motion to set aside the entry of the default and judgment if one has been entered. You would also have to file an answer with the motion to set aside the default. Retaining an attorney to represent you to file the motion would be advisable.
You don't reply to a request for an entry of default. You find out if you are in default. If the clerk has entered your default, you will have to file a motion to set aside the default. If you are not yet in default, you file a responsive pleading.
Look at the Court's web site to find your case and see what the status is. There normally is a little delay between when the request is filed and the clerk actually enters a default. If you can get a general denial filed before the default is actually entered then the clerk will not enter a default. See cal court forms web site for the general denial form. You do not tell us when the Notice was mailed to you so our advice is not as accurate as it could otherwise be.
Call the other attorney ans see if they will stipulate to setting the default aside. If you were not properly served, a default could not be taken and you would succeed in setting it aside.