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socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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I am being sued. the court date is set for 2016, but I didnt

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I am being sued. the court date is set for 2016, but I didn't file a response within 30 days of being served. (I lost the papers until yesterday!) I am 10 days past the 30.
Now they filed a request to the court for entry of default against me.
I want to file a response.
what form do I need to file to as the court not to enter in a default, but to allow the court date in 2016?

Contact the plaintiff's lawyer and ask for a stipulation to extend your time to answer the complaint. Lawyers are generally required to permit you to extent, but no more than 15 days, and you're already 10 days overdue. Govt. Code § 68616.

If the attorney refuses to accommodate your request, then you can file your answer, regardless, and let the attorney try to get a default judgment. If a default is entered by the court, then you would file a motion for relief from judgment, and you can refer to your answer already filed with the court in your motion for relief. Code Civ. Proc. 473(b).

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