Notice Of Intent To Take Default Form California
Description
How to fill out Oregon Notice Of Intent To Take Default Judgment Against Defendant?
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FAQ
In California, entry of default completely cuts off a party's right to appear in the action (e.g., take discovery, file motions other than a motion for relief from default or contest the material allegations of the complaint for purposes of the action).
The plaintiff can ask the court to note you in default. This means you won't be able to take part in the case anymore because you didn't file a response in time. The plaintiff can then ask the court to order you to pay them what they're asking for. This is called asking for a default judgment.
How do I file the motion? Get the form SC-135: Notice of Motion to Vacate Judgment. You must explain on the form why you did not come to court. File the form with the Small Claims Court Clerk's Office at the court where your case was heard. Pay the filing fee.
How to ask for a default Fill out request for default. Request for Entry of Default (form CIV-100) ... If ready, also fill out forms to ask for a judgement. Judgment (form JUD-100) ... Mail copies to the defendant. Make at least 2 copies of everything. ... File forms. Bring the Request for Default to the court clerk.
A defendant noted in default thus faces a potential judgment ordered against them in two ways: (1) having a default judgment ordered against them; (2) having a regular judgment if the default is set aside and the case goes to trial.