How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attorney2 Your Own Question
Attorney2, Attorney
Category: Legal
Satisfied Customers: 5547
Experience:  28 Years In General Practice,
Type Your Legal Question Here...
Attorney2 is online now
A new question is answered every 9 seconds

I was served on a credit card lawsuit 9/24 On 10/30, I filed

This answer was rated:

I was served on a credit card lawsuit 9/24
On 10/30, I filed an answer with the court, knowing that it was late but unaware of any action having been taken for default judgement
On 10/31, I received notice by mail that plaintiff filed for motion for default judgment on 9/25.

When does the judge rule on the plaintiff's motion? In other words, do I still have time to file an objection asking the court's discretion to deny the motion for default judgment since I had filed the answer before having been told of the motion? Am I at all likely to succeed?

Hello and thank you for your question.


Once a default judgment has been entered you can file a Motion to Set Aside/Motion to Vacate the Judgment.


California Code of Civil Procedure (CCP), sections 473(b), 476(d), and 473.5 this link provides the permitted grounds for seeking to have the judgment set aside.



This is a link for a sample of the form for Ventura County


Thank you for your question. Please do not hesitate to ask me any additional questions that you may have regarding this matter.


Attorney2 and 4 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
is a default judgment automatically entered when the motion is filed? Maybe I did word my question clearly?

I am sorry I misunderstood. Now you know what to do if it has been entered. Hopefully it has not.



No there must be a hearing. You could call the clerk of the court and ask them if the motion was granted and if not when was or is the court date.


Please let me know if you additional questions for me regarding this matter.

Customer: replied 3 years ago.
Thanks. Should I hold off on filing an objection until the hearing or file it now?

Since you know your answer was late that is no doubt the reason that a motion for default judgment was filed.

Once you know if the judge has heard the motion already I would be happy to assist you based on that information.

It may be best to hold off and file the motion to vacate.

Please feel free to ask me any additional questions that you may have regarding this natter.

Related Legal Questions