Legal Question in Personal Injury in California

appealing default judgement against me

what steps do i take to begin the appeals process to a default judgement on a personal injury case i was sued for?


Asked on 12/29/07, 2:20 pm

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: appealing default judgement against me

If the default judgment was taken within the last 6 months, you make an motion to set aside the default to the court in which the action was pending. If you were never served you can challenge personal jurisdiction on that ground even beyond the 6 month period. If the judgment is a big one, you should probably hire a lawyer to assist you. Remember the statement of Abraham Lincoln, "A man who represents himself has a fool for an lawyer."

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Answered on 1/01/08, 1:34 pm
Clayton Lee Russakow, Ryan & Johnson

Re: appealing default judgement against me

First place to start is to see Cal. Civ. Proc. Code Section 585.5 (http://caselaw.lp.findlaw.com/cacodes/ccp/585-587.5.html). While the courts prefer to see a case decided on its merits, your chances at success are inversely proportional to the amount of time which has passed since the default judgment was entered. Best of luck.

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Answered on 12/31/07, 5:11 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: appealing default judgement against me

I agree with Mr. Lee's answer, and would follow his advice.

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Answered on 12/31/07, 6:49 pm


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