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 CalAttorney2 Your Own Question
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
Type Your Legal Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

I just received a CIV-100 form in the mail. Plaintiff is requesting

Customer Question

I just received a CIV-100 form in the mail. Plaintiff is requesting an entry of default.
This is an action for breach of contract, other, filed in the L.A. Superior Court, Stanley Mosk Courthouse.
I was never served w/ the lawsuit, but they claim service on 4/19/2015.
I just received in the mail a CIV-100 requesting entry of default There is also a July 6th 2015 hearing for Plaintiff to show cause, which is on the court calendar
I have not filed an answer yet. What can I do? and which form do I use to file an answer? Since I was never personally served or served by mail, do I have more time to file an answer?
Case was filed using CM-010, breach of contract, other, unlimited amount.
LASC - Stanley Mosk Courthouse
Submitted: 2 years ago.
Category: Legal
Expert:  CalAttorney2 replied 2 years ago.
File an answer right away.Even if you weren't properly served you want to have an answer filed to prevent the plaintiff from getting your default - also contact the plaintiff (their contact information will be on the CIV-100) and notify them that you were not served and that you will be filing an answer.The California Courts self help site is a great source of information: they have links to judicial council forms, as well as information on procedure. In addition, the Sacramento County Law Library has a wealth of information available online for civil litigation in California: If you are being sued in unlimited civil court (over $25,000.00 in damages), please consider hiring an attorney to represent you. You can find local attorneys using the State and local Bar Association directories, or private directories such as;; or (I personally find to be the most user friendly).
Customer: replied 2 years ago.

Thank you. I have found the form to file an answer. Does notifying the plaintiff change anything? The court clerk has NOT yet stamped and filed their CIV-100 entry of default. They are behind at LASC. I called and confirmed.

Thank you.

Expert:  CalAttorney2 replied 2 years ago.
I always notify plaintiffs (both by phone, and in writing - see below regarding "confirmation letters") these letters can be introduced into evidence later if you need to file a motion to vacate a default. (The court will grant such a motion as a matter of course within the first 6 months, and if the default is in fact entered, the Sacramento Law Library has a great packet with a sample motion to help you set aside the default, see:, but you should be asking the plaintiff to withdraw their request for entry of default voluntarily (if they are represented by counsel, they will almost certainly do this - as I noted above, the court is going to grant this motion).Keep written records of all communications - so if you speak to someone by phone, promptly send a follow up "confirmation letter" summarizing your conversation, who you spoke to, when, and any agreements you reached. Keep copies of your outgoing correspondence, as well as anything that you rece

Related Legal Questions