Legal Question in Civil Litigation in California

I have sued the defendant an she failed to appear. So now I have to file for entry of default and nee legal help. I have been doing everything else by myself. Is there anyone who could tell me what entry of default is and how I can file it?


Asked on 2/23/11, 12:27 pm

2 Answers from Attorneys

http://www.courtinfo.ca.gov/forms/documents/civ100.pdf

You can get the form at the above link.

Fill it out front and back and file with the Court. Make sure to fill out the proof of service on the back with someone who is NOT a party to your lawsuit actually mail it and sign and date the proof of service.

After the Request for Entry of Default is filed you will have to "prove up" your damages, i.e., prove your case to a judge in order to get a judgment that can then be enforced against the defendant(s).

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Answered on 2/23/11, 12:40 pm
Anthony Roach Law Office of Anthony A. Roach

You don't have to prove up your damages if you are suing for a liquidated or "fixed" sum on a breach of contract.

In that situation, you can submit the same form and ask for clerk's entry of default, and the default judgment. You can use that procedure if the action is one arising upon a contract or judgment; and seeks recovery of money or damages in a fixe or determinable amount; and the defendant was not served by publication. (Code of Civ. Proc., sect. 585 subd. (a).)

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Answered on 2/23/11, 1:27 pm


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