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

Asked over 1 year ago - 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. Adrienne Patricia Allen

    Contributor Level 15

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    Lawyers agree

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    Answered . 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... more
  2. Herb Fox

    Contributor Level 16

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    Answered . 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... more
  3. Malosack Berjis

    Contributor Level 20

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    Answered . 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. John Noah Kitta

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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... more

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