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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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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: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year 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: http://www.courts.ca.gov/selfhelp.htm 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: http://www.saclaw.org/. 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 www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).
Customer: replied 1 year 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 1 year 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: http://www.saclaw.org/Uploads/files/Step-by-Step/SbS-Motion-to-Set-Aside.pdf, 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

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