Court Default Judgment For Plaintiff
Description
How to fill out Motion To Set Aside Entry Of Default And Default Judgment?
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FAQ
A very important fact you should keep in mind is that California courts do impose a timeline for seeking entry of a default judgment. Specifically, a request for entry of default must be filed within 10 days following a defendant's failure to timely file and serve a responsive pleading.
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.
You can ask to cancel, or ?set aside? a default judgment. You have to have a good reason for not responding in 30 days. If the judgment is canceled, you'll get a chance to answer.
You may be able to negotiate a settlement with the debt collector to allow you to pay off the judgment under better terms. In Limited Civil cases (cases for $25,000 or less), if the other side will not agree to a payment plan, you can ask the judge to order a payment plan. This requires filing a motion.
To ask the judge to set aside your default judgment, you must file a ?motion? (a formal written request) with the court.