Case Conclusion Date: 02.15.2011
Practice Area: Family
Outcome: The Court Set Aside the Judgment and allowed Husband to file a Response and seek his interest in the Community Property retirement.
Description: Wife took Husband's Default and Husband first found out about it when he received, from the Court Clerk, the mailed Notice of Entry of Judgment. Husband and Wife had been living in the same house (they had some marital difficulties & Husband lived about half time with his parents). Husband showed the Court that Proof of Service did not meet the requirements on the form (the address of the server was not on the form) and there were a few other contradictions in Wife's papers. Husband explained that (1) he had NOT been served, and (2) he had a substantial interest in Wife's retirement account. There was substantial additional drama, including what seemed like a reconciliation attempt by Wife after she received the Set Aside papers.