Legal Question in Civil Litigation in California

Re: Time limits after default and judgment

Setting aside a judgment is not something a pro per can be successful at. Better get represented immediately as you are only days (60 or less) away from the deadline. Call me directly at 16192223504 18 years experience.

Re: Time limits after default and judgment

You generally have 6 months from the date of entry of judgment to set it aside. However, this is not a hard and fast rule. Once you become aware of the judgment, you need to move quickly to get it set aside. I would not delay any further.

Re: Time limits after default and judgment

You may still be within the time limits to make a motion to vacate the default judgment, but it will be a difficult sell to make to the court. First off, you will have to explain why you waited from April to now to make the motion. Did you just learn of the judgment?

Secondly, you will have to provide a good reason as to why you ignored the original summons and complaint served on you. It had better be a strong reason, otherwise the court will not grant the relief you seek.

You can contact me about this if you would like to discuss it further. You're going to need a lawyer if you want half a chance of succeeding.

Re: Time limits after default and judgment

As my colleagues have correctly noted, 6 months is the maximum amount of time you have to file your motion to set aside the default judgment. You need to review section 473 of the Code of Civil Procedure for further details.

Quite frankly, you will have an uphill battle unless you have an attorney on your side. I would consult with a local attorney right away. Every day that slips by lessens that chance that a judgment my take pity on your and set aside the judgment.

Re: Time limits after default and judgment

Relief is available for people who don't find out about proceedings or judgments, and for people who misunderstand what is required of them. Such relief is not intended for people who understand they are being sued and who simply decide to ignore the pending litigation.

You are still elligible to seek relief but, unless you have a *very* good explanation for waiting so long you will probably lose.

In order to maximize whatever chance you have left you really should hire an attorney. A motion for relief is not especially complex by lawyers' standards but is well beyond the capabilities of most laypeople.

If you try on your own and fail you will not get a second shot unless you appeal the ruling and win. Given the broad discretion superior court judges have on such matters, the odds of winning on appeal are very slim. You need to do this right the first time.

Finally, keep in mind that even if you win the motion for relief that does not mean you win the case. You will be permitted to file the answer you should have filed long ago and will have to proceed with the litigation.

Re: Time limits after default and judgment

You should seek relief immediately. It is best if it is no later than six months from entry of the default.