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I don't understand what this means I need help please thank u

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09/26/2012 Notice-Entry-Default
Filed by Petitioner

08/27/2012 Request-Enter Default
Filed by Petitioner

08/27/2012 Judgment-Package Received-2336 (Rejected on 09/25/12. Forms FL-141 and FAM031 required. )
Filed by Petitioner

Attorney Answers 4

Posted

I added "Family," "Default Judgment," and "Divorce" tags, to your post, for more exposure. Best of luck.

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Posted

Based on the information above, it appears that a complaint was filed against a defendant. The Complaint was served. Once the defendant has been properly served the defendant has a specific amount of time in which to respond to the complaint. It looks like the defendant did not file an answer or other responsive document with the Court, and the Plaintiff asked the court to find the defendant in default (a formal acknowledgement that the defendant did not answer the complaint). There may be ways to get the default "reversed" but it would be very wise to consult with an attorney in your area who can advise you on the procedure. If you are in default, a judgment can be entered against you and you may not be given the opportunity to defend yourself. Time is of the essence on these matters. You should definitely seek the help of an attorney to get the default reversed and the complaint answered.

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Posted

If default was taken, you must act fast. Courts will inquire whether you acted diligently.

David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is only licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies. Information posted in responses to legal questions and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended as legal advice or to create an attorney-client relationship between you and me. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.

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Posted

As the previous attorney has indicated, it appears that a lawsuit was filed and a request for entry of default was filed due to the dendant's failure to file a responsive pleading. The good news, if you are the defendant is that your last entry seems to indicate the court clerk has "rejected" the default package. If a "package" was submitted, this likely means that they are trying to "prove up" the default, which means prove the dollar amount of damages and request a certain dollar amount to be entered in the judgment to be awarded. Prove-ups are not that easy. It would be best to hire an attorney at this point because depending on the type of case, and how the complaint was framed, and how service was attemped, that attorney may be able to set the default aside. There are strict legal deadlines for doing so.

Disclaimer: Ms. Kermani is an attorney licensed to practice in California. This post does not constitute legal advice, should not be relied upon as such, and does not create an attorney client relationship. Since each solution is fact specific, please consult an attorney and provide them with all the facts and documents at issue. Only then can you receive legal advice tailored to your specific situation.

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Mark Allen Massey

Mark Allen Massey

Posted

I agree. The bad news, if you were properly served with the complaint and failed to file a Response, is that you might not be permitted to challenge the plaintiff's default prove-up regarding the damages he or she is claiming. That would allow the plaintiff to have a one-sided go at convincing the judge that you owe all that he or she claims and the court entering a judgment against you for that amount. Do seek legal counsel immediately, if that possibility matters to you.

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