Plaintiff served defendant after they won by default.

Asked about 1 year ago - Stockton, CA

I received a summons and the following day I tried to file an answer and was told they already filed a default and won. What can I do.

Attorney answers (2)

  1. Matthew Mir Shafae

    Contributor Level 7

    Answered . You should see an attorney immediately about filing a motion to set aside the judgment based on defective service of process.

    My response is informational only. It is not meant as legal advice and is not meant to create an attorney-client... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . Your remedy is to file a motion to set aside default (and vacate default judgment if a judgment has already been entered). It might also be possible to get the plaintiff to stipulate to setting aside the default, to obviate the necessity for a motion.

    Unfortunately, there is no Judicial Council form for a motion to set aside default and to vacate default judgment. If you don't hire an attorney, you'll have to specially prepare it. Here is a link that will give you some helpful guidance:

    http://www.courts.ca.gov/partners/149.htm#setaside

    This was prepared by the Ventura Courts Self-Help Legal Access Center.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more

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