Legal Question in Civil Litigation in California

Status is ''Discharged''

I am a defendant for a case that had a default judgment filed against me. Today the court notes are ''Hearing on OSC RE: failure to file default judgment by plaintiff'' with the disposition reading ''DISCHARGED.'' Does this mean the default judgement is discharged? Does that mean I do not owe the plaintiff what he was trying to sue me for?


Asked on 6/28/07, 2:51 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Status is ''Discharged''

The court issued an OSC ("order to show cause") for the plaintiff to explain why she had yet to file a default judgment. Now that the default judgment has been filed, the explanation is no longer necessary and the OSC has been discharged. The judgment remains in place. If you want to do something about it you will need to act quickly.

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Answered on 7/11/07, 1:40 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Status is ''Discharged''

Nice try. My best guess is that the OSC is discharged, not the default. You could inquire at the Clerk's office or, if the court has online access to records, at their website.

Why haven't you filed a motion to set aside the default (now you would have to set aside both the default, and the judgment)?

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Answered on 6/28/07, 3:05 pm


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