What can I do if there was a civil hearing but I didn’t receive notice of the hearing and wasn’t served yet they entered the judgement against me?

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What can I do if there was a civil hearing but I didn’t receive notice of the hearing and wasn’t served yet they entered the judgement against me?

Asked on October 26, 2012 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since you were not served with the summons and complaint (the complaint is the lawsuit attached to the summons), you did not have the opportunity to file an answer to the complaint with the court and serve it by mail on the opposing  party or the opposing party's attorney within the time set forth in the summons for your response.  A default judgment was entered against you for not timely filing the answer.

You can file a motion to set aside the default.  File your motion with the court with an attached proof of service and serve a copy by mail on the opposing party's attorney or if no attorney on the opposing party.  The argument supporting your motion is that you were never served and therefore did not have notice of the hearing.  If the court grants your motion to set aside the default, the case will then be back on track and litigation will continue.


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