Setting Aside A Default Judgment In California
Description
How to fill out Motion To Set Aside Entry Of Default And Default Judgment?
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FAQ
California Code of Civil Procedure section 473(b) provides in pertinent part, "The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable ...
Steps to ask a judge to set aside an order Figure out if you have a legal reason. You need to give the judge a legal reason why they should set aside the order or judgment. Fill out and file forms. Fill out and file forms with the court. ... Serve the other side. ... Go to the court date.
Legal reasons a judge can set aside an order or judgment You made a mistake, had the wrong information, were surprised. You didn't get the Petition and Summons in time (there's a default judgment) The other side lied, hid information, threatened you or you didn't have the mental capacity or made a mistake.
If you are asking to set aside a default judgment or an order where you never filed a response, you should include a proposed response. If the judge decides to set aside the judgment or order, then the judge will order that your proposed response becomes the official response (it gets filed).
Within 180 days after entry of a default judgment if the Defendant received written notice of the default judgment (See California Code of Civil Procedure §473.5)