Legal Question in Traffic Law in California

What is a Request for entry of Default

What is a Request for Entry of Default? I have to go to court at the end of May for a traffic acdident that occured 2 years ago. I recently got my summons and then shortly after I recieved a Letter For a Request for Entry of Default. It doesnt explain what it is on the form so i was hoping that someone could help explain things to me and maybe give me some advice on what to do.

The woman driving the other car crashed into the side of me while going 55 in a 25. They tried to give me 2 bogas tickets for making an illegal u-turn and driving with out insurance. I beat both of the tickets and her insurance is still trying to say that it is my fault. Ok now here is the kicker. It wasnt my car that i was driving at the time of the accident. It was my mothers boyfriends. He had insurance but the officer that took the information did not right it down correctly. After I beat the ticket for no insurance my mothers boyfriend died/(Of Cancer.) Now the problem is I dont have the documents to show that i had insurance at the time of the accident. This letter about Request for Entry of default is bugging me because i dont know what it means.

Any advice would be great


Asked on 5/03/06, 4:35 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: What is a Request for entry of Default

You had thirty days from the date you were served to file an answer to the complaint. You apparently did not file an answer. Therefore the other party is requesting that you default be entered. That is the court assumes that you agree that the statements in the complaint are true and you are not contesting those statements. The next step will be for the other party to go to court to prove the damages they claim and get a judgment against you. You must immediately retain an attorney to assist you by filing a motion to set aside the default. In addition to retaining an attorney you need to obtain the name and policy of the auto insurance policy and then file a claim. You may well be too late in reporting the accident and will be denied coverage. The DMV may be able to provide you with the name of the insurance carrier.

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Answered on 5/04/06, 11:52 pm


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