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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2510
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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Need to set default aside Case# ***** JA: The Lawyer

Customer Question

Hi. Need to set default aside Case# *****
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: My wife (soon to be ex) is filing a Cross Complaint against me for credit card debt (Lvnv Funding Vs. Audrey Friedman). A default was entered on Feb 4, 2016. On March 18, i showed up (as cross-defendant) for a status conference hearing at the Santa Monica courthouse. Neither the Plaintiff nor the defendant/cross-complaintant showed up. So the judge rejected the default judgement, imposed sanctions on the cousel that didn't show up, and continued the case to May 16. On April 10, i was served a Statement of Damages (Civ-050).
JA: Is there anything else the Lawyer should be aware of?
Customer: The case has be going on for two years. I was NOT served, but her atty says that i was served on October 14, at 11:50pm. I live in a security bldg in Beverly Hills. There is no way that i could have gotten served. Never the less, i got all the info on the file from my divorce atty.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.
This is not a small claims case, correct? Just a regular civil case?
Customer: replied 1 year ago.
Correct. It's a Civil Case Unlimited (over $25,000). I am being sued via a Cross-Complain by my soon-to-be ex-wife. She is suing me for credit card charges that a creditor is suing her for.
Plaintiff is LVNV Funding Defendant/Cross-Complaintant is Audrey Friedman. I am Jonah Friedman-Cross-Defendant
Statement of Damages: She is suing me for:
General Damages - Fraudulent Credi Card Charges $79,718
Punitive Damages - $240,000
Expert:  S. Kincaid replied 1 year ago.
I'm sorry for the delay. I had unexpected connectivity issues. Here is a sample Motion to Set Aside for failure to file an Answer with instructions. Do you have any other questions?
Customer: replied 1 year ago.
That motion says County of Santa Clara. Would that same example be valid for County of Los Angeles?
Expert:  S. Kincaid replied 1 year ago.
Yes. Just switch counties.