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I had a California default entered against me by court clerk in favor of cross-complainant (X-C) on 08/2011. From the start of

San Mateo, CA |

this case until 09 / 2012 , I was served w / discovery requests , ( interrogatories , prod of docs , request for admissions . ) & ignored them all . X - C filed request for order to provide discovery against me and I ignored that too . I was sanctioned and X - C request for admissions granted last 09 / 2012 admitted that all of the damages X - C requested were fair and reasonable , that all of the causes of action are true . On 12 / 19 / 2012 , X - C got a court default judgment against me for $ 400k . How do I set aside default filed on 08 / 2011 & court judgment entered by judge on 12 / 19 / 2012 . . . for excusable neglect , surprise mistake inadvertence ? Has too much time passed to set aside either defaults ? I was aware of all proceedings & X - C did it all by the book judge warned me to get an attorney ?

Attorney Answers 4

  1. It sounds like you will not be successful claiming "excusable neglect , surprise mistake inadvertence" after what you have said and all that has happened. Since the judgment is so large, you may want to consult with an attorney and maybe even a bankruptcy attorney.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

  2. It sounds like your ability to vacate the default is minimal, at best. But to be sure, you should have the matter thoroughly reviewed by a litigation attorney, and also consult with a bankruptcy attorney

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the Avvo website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Herb Fox may not be privileged or confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.

  3. Honestly, based on the limited information you have provided, I do not see how you would be able to successfully get the default judgment vacated. However, as my colleagues have already stated, you need to contact an attorney--especially a bankruptcy attorney--ASAP. Best of luck to you.

  4. It sounds as if you obviously don’t know what you are doing in regard to this legal action. You don’t have a little problem you have a gigantic problem. You definitely need to seek out legal counsel. One would have to make a legal analysis of your particular facts. You have 6 months form the entry of judgment to file a motion to set aside said judgment

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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