This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
California's statute of limitations for most unsecured debts, including credit card debt, is four years. This means creditors or debt collectors have four years from the date of your last payment to file a lawsuit against you to recover the debt.
Most judgments (the court order saying what you're owed) expire in 10 years. This means you can't collect on it after 10 years. To avoid this, you can ask the court to renew it. A renewal lasts 10 years.
The plaintiff must generally request entry of default within 10 days of defendant's default (Cal. Rules of Court, rule 3.110(g)). If the plaintiff's request is granted and the default is entered, the plaintiff may apply to obtain a default judgment by the clerk or by the court.
In California, a judgment lien on real property lasts for ten years. This means that if a court has ruled in favor of a creditor and placed a lien on your property due to unpaid debts, that lien will remain for a decade.
Most judgments (the court order saying what you're owed) expire in 10 years. This means you can't collect on it after 10 years. To avoid this, you can ask the court to renew it. A renewal lasts 10 years.
Rule 3.110(a) covers when a plaintiff must serve the summons and complaint generally (first appearance deadlines). Rule 3.110(b) focuses on the timeline for serving all named defendants and filing proofs of service with the court.
Depending on whether your pleading was verified, or not, this can be as quick as a few days in cases where the clerk can enter default, or as long as a few weeks in the event a hearing is necessary in order to secure a default judgment.
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
You have four main options to deal with a default judgment: Accept the judgment. Settle the judgment for less. Challenge the judgment. Pursue debt relief.
(g) Request for entry of default If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the plaintiff must file a request for entry of default within 10 days after the time for service has elapsed.