Legal Question in Civil Litigation in California
i LIVE IN Michigan AND JUST FOUND OUT i HAVE A DEFAULT JUDGMENT IN California. I think I can figure out how to appeal the default. However, a hearing would be set-up. Is there some way to defend myself without traveling 2500 miles to California?... It's , in a nutshell only $1000 and the one local lawyer who returned my call told me he'd need "at least $1000" to get anywhere and probably more.
2 Answers from Attorneys
That sounds like a small claims judgment. Have you considered a motion to set aside the judgment on the grounds that you were not served? There are also limitations on service of small claims demands on non-resident defendants. You would still need to appear at the motion hearing, but have you found out whether or not you can appear by telephone?
The attorney is right, attorney fees would exceed the amount at risk.
You only have 6 months to file to try to set aside a default judgment. Start reading up on the procedures necessary, so you do it right the first time.