Default Judgment For Injunction In San Bernardino
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FAQ
If a Default Judgment Is Entered, Act Fast If a default judgment has been entered against you, you must act quickly to open the judgment, generally within ten (10) days of its entry, or establish a defect on the face of the record to warrant a Court striking the judgment.
File a motion to set aside or cancel the judge's decision You're allowed to file for a set aside for up to 6 months after the judgment was made.
It has two parts: (1) a reasonable excuse for missing the original court date; and (2) a meritorious defense (a good defense). There is a time limit for moving to vacate a judgment because of excuseable default — one year from the date you were served with a copy of the judgment.
The Easy Part You must have appealed the judgment within 6 months of the judgment being signed, you must have been named in the lawsuit you failed to appear for in court, and you must not have participated in the hearing or filed various paperwork around the time of the court date.
If the court has entered a default judgment against you, the plaintiff can collect it like any other judgment. That means she can try to garnish your wages or attach your bank accounts, among other things.
(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.
Act promptly in applying to set aside the judgment (usually within 14 days); explain that you had a good reason for missing the hearing, and. would have had a reasonable prospect of success at the hearing.
Step-by-Step Instructions Collect Supporting Evidence. Reserve Your Court Hearing and Determine Deadlines to File and Serve Motion. Prepare Your Motion and Proposed Response. Copy and Assemble Your Documents. Have the Motion Served and Attach the Proof of Service to Remaining Copies.
File a motion to set aside or cancel the judge's decision You're allowed to file for a set aside for up to 6 months after the judgment was made.
A clerk default judgment may be obtained when the defendant fails to file a response to the summons and complaint within the time specified on the summons.
