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

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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?
Submitted: 1 year ago.
Category: Legal
Expert:  Attorney2 replied 1 year ago.

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

http://law.onecle.com/california/civil-procedure/473.5.html 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 http://www.ventura.courts.ca.gov/local_forms/vn147.pdf

 

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

 

Attorney2, Attorney
Category: Legal
Satisfied Customers: 3617
Experience: 25 Years In General Practice,
Attorney2 and 13 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
is a default judgment automatically entered when the motion is filed? Maybe I did word my question clearly?
Expert:  Attorney2 replied 1 year ago.

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 1 year ago.
Thanks. Should I hold off on filing an objection until the hearing or file it now?
Expert:  Attorney2 replied 1 year ago.


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.

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