I am filling out Form SC-135 and need assistance in completing it correctly. I am going to request to get a judgment against me vacated because I was never given the original summons to present myself in court. It has been under 2 years since the judgment was recorded. If I was the defendant in the original summons, when completing Form SC-135 do I fill out the defendant or plaintiff portion? There is a box where it reads: NOTICE TO (NAME)....what company or persons name goes in this box? Any help would be appreciated. Thank you.
First of all, I assume you are referring to a small claims court case? This form is only for small claims court.
Secondly, why did you wait two years to file a motion to vacate or cancel a judgment? Your chance of getting such a motion granted are very slim. A defendant who wasn't properly served with the plaintiff's claim has up to 180 days after learning that the judgment was entered to file a Notice of Motion to Vacate Judgment (Form SC-135).
Fill in the name of the opposing party in the NOTICE section. I assume this is the plaintiff that obtained the judgment against you.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Assuming that this is not a small claims case, you should review Code Civil Procedure Section 473.5(a) and the cases interpreting it in order to determine whether grounds exist for you to successfully file a motion to set aside a default judgment on the grounds of lack of actual notice of the lawsuit.
Better yet, consult with an experienced civil litigation attorney in your area.
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