What is the timeframe to vacate a default judgment in unlawful detainer?

I’m filing a motion to vacate a default judgment in an unlawful detainer matter, and I don’t know how long I have to give the plaintiff to answer?

Asked on October 23, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are filing a motion to set aside a default judgment against you in an unlawful detainer action, the court clerk will set a hearing date, time and department for the hearing of your motion. You will need to serve a copy of the motion to set aside the default judgment upon the plaintiff and sign a proof of service to be filed with the court that you did this.

The plaintiff will then have an opportunity to file an opposition to this motion. You then have an opportunity to file a response to this opposition. All parties need to serve upon the other side the documents served and have them filed with the court. The court will then make a decision as to your motion at the set hearing date.

Good luck.


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