Time To Set Aside Default Judgment In California

State:
Multi-State
Control #:
US-01704BG
Format:
Word; 
Rich Text
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Description

The Motion to Set Aside Entry of Default and Default Judgment in California is a legal form used by defendants seeking to overturn a default judgment due to reasons such as mistake or neglect. The form outlines the necessary grounds for requesting the court to set aside both the entry of default and the default judgment, allowing the defendant to answer the plaintiff's complaint thereafter. Key features include sections for detailing the dates of the complaint, service of process, the entry of default, and the default judgment while highlighting the defendant's meritorious defense. Filling out the form requires clear information regarding the court details and the defendant's circumstances. Legal professionals, including attorneys, paralegals, and legal assistants, will find this form useful in advocating for clients who may have missed responding to legal actions due to valid reasons. It is essential to ensure that the motion is served to the plaintiff's attorney, and a notice of motion must be filed indicating the time and location of the hearing. This form serves as a critical tool in the legal process to protect defendants' rights and ensure fair treatment in court proceedings.
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FAQ

If the court sent a Notice of Entry of Default If the court has your address, the clerk mails you a Notice of Entry of Default. If they sent this, you must file and serve the request to set aside within 180 days from the date you were served that notice. Legal reasons a judge can set aside an order or judgment ca.gov ? family-law-set-aside ? leg... ca.gov ? family-law-set-aside ? leg...

Within 2 years The request for order to set aside must be brought within 2 years after the entry of judgment. How to Set Aside (Cancel) a Family Law Order California Courts (.gov) ? ... California Courts (.gov) ? ...

Code of Civil Procedure § 473.5). Examples of mistake, inadvertence, surprise, or excusable neglect include: ? Illness of defendant. Attorney's abandonment of client. Fraud of the plaintiff. Motion to Vacate a Default Judgment or Set Aside a Dismissal sandiegolawlibrary.org ? wpmc-trash ? 2013/04 sandiegolawlibrary.org ? wpmc-trash ? 2013/04

If the court has your address, the clerk mails you a Notice of Entry of Default. If they sent this, you must file and serve the request to set aside within 180 days from the date you were served that notice.

When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time. 2023 California Rules of Court ca.gov ? cms ? rules ca.gov ? cms ? rules

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Time To Set Aside Default Judgment In California