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?
3 Answers from Attorneys
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."
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.
Re: appealing default judgement against me
I agree with Mr. Lee's answer, and would follow his advice.