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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Need help writing a brief to Set Aside Default Judgement due

Customer Question

Need help writing a brief for Motion to Set Aside Default Judgement due to not getting served
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

While we cannot draft your motion for you here (we can only offer "general legal information" we cannot practice law), I can point you in the direction of some helpful resources to get you started.

The Sacramento Law Library has a helpful publication/template for a Motion to Vacate: http://saclaw.org/wp-content/uploads/sbs-relief-from-default-judgment.pdf.

Their motion is based on the defendant's failure to file a response (as opposed to the plaintiff's failure to serve), but the same format, and same general principles apply. The only difference is going to be the legal basis for the motion is different (improper or fraudulent service), and the fact pattern will support that.

You can also visit your local law library - look specifically for a civil procedure practice guide (I recommend the "Rutter Guide, Civil Procedure Before Trial" in particular), as many of these guides have not only legal strategies, commonly used authorities, but will also have additional templates for motions and pleading papers to assist you.

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