Setting Aside A Default Judgment

Posted by Paolo Rubino

If you were sued but did not respond and did not appear at trial, a default judgment may have been entered against you.

If you want the matter to be heard, or if you would like a trial, you must request that the default judgment entered against you be vacated (cancelled) or set aside by making a request to the court.

A motion to set aside judgment / motion to vacate a judgment must be filed within 30 days from the date the court clerk mailed out the Notice of Entry of Judgment.  If you were never served with the lawsuit or claim, you have 180 days from the day you found out that a judgment was entered against you to file your motion to set aside judgment / motion to vacate a judgment. You must have a good reason for making your request, such as a death, emergency or not being served properly.

If the judge grants your request, you will either immediately have the trial, or the judge will set a trial date sometime in the near future.

If the judge does not grant your request, you will have 10 days to appeal the judge’s decision.

The Document People in Woodland Hills can assist you with preparing and filing a motion to set aside judgment / motion to vacate a judgment.  Visit our stores in Los Angeles County (Woodland Hills, Santa Monica, San Fernando, Marina Del Rey, Van Nuys, and Glendale), Orange County (Anaheim, Irvine) San Diego County (Oceanside) and Ventura County (Oxnard) for help with uncontested matters, such as divorce and family law.

The information contained in this blog – including information of a legal nature – is provided for informational purposes only, and should not be construed as legal advice on any subject matter.