Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

A motion for default judgment was filed against me on 10-25

Customer Question
for failing to respond to...
A motion for default judgment was filed against me on 10-25 for failing to respond to the summons. I just got a copy of the motion in the mail today. Will I be notified of a date for the hearing so I can show up and object?
Submitted: 5 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
11/1/2012
Lawyer: Dave Kennett, Lawyer (JD) replied 5 years ago
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27,689
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Verified
Dear JACUSTOMER - It is unlikely there will be a hearing. If you never filed an answer or a response in the case within the allowed time then the court will issue the judgment. You can file a written memorandum in response to the motion to state why the motion should not be granted but if it is granted your only option is to then file a motion to vacate. You have to have to reasons to be able to overcome a default judgment. One is that you have to show a good reason why you never responded to the complaint and two that you have a legal defense to the compliant. If you have no defense the court is not going to reopen the case just to grant another judgment.
Ask Your Own Legal Question
Customer reply replied 5 years ago

Thanks for answer.


 


The response was due on the 24th. On Sunday night (the 28th) I checked the online Registry of Actions and didn't see that a motion for default judgment had been filed, so I filed an answer late on monday (the 29th). Today I received the copy of the motion for summary judgment that was apparently filed on the 25th. Tonight, on the online Registry of Actions my answer is recorded, and the case is still listed as "pending", but the motion for default judgment still has not been recorded.


 


-- so based on all that can I assume that motion has not yet been granted and I should hurry and file a written memorandum tomorrow morning?


 


thanks

Lawyer: Dave Kennett, Lawyer (JD) replied 5 years ago
I would file a written response to the motion and attach a copy of your answer. Hopefully the court will accept the answer and deny the motion for default.
Ask Your Own Legal Question
Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27,689
27,689 Satisfied Customers
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations

Dave Kennett is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
In an opposition to summary judgment, can I add a motion to
in an opposition to summary judgment, can I add a motion to strike an affidavit the opposition included in their MSJ or do I have to do a separate motion to strike?… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
Can I personally write a response to a summary judgment? NC,
Can I personally write a response to a summary judgment? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
Can I file an appeal on a summary judgment, DC, what do you
I just received that the other party won their summary judgment can I file an appeal … read more
Bill Attorney
Bill Attorney
law
1,419 satisfied customers
If you can't bring a motion for summary judgment because its
If you can't bring a motion for summary judgment because its passed the deadline, is there another motion you can bring before trial to try to dismiss a claim under CA law? I missed the deadline to br… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
If I have several issues for summary judgment that may be
If I have several issues for summary judgment that may be deemed contradictory, that is, one claims that a contract is void but another claims that a condition precedent on that (supposedly void contr… read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
We have to respond to a motion for summary judgment on an
We have to respond to a motion for summary judgment on an EEO case. What is the language that goes into that response? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers
If the plaintiff is granted summary judgment against the
If the plaintiff is granted summary judgment against the debter, can the plaintiff garnish the debters wages… read more
Michael Gonzalez
Michael Gonzalez
JD
519 satisfied customers
I was served a motion of summary judgment and sent a cross
Hi I was served a motion of summary judgment and sent a cross motion. I granted more time for them to respond. After they do, what is my next step I need to take? I am in Az.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
How do I set aside a summary judgment order in texas. I was
how do I set aside a summary judgment order in texas. I was not served and received no notice. I have a counterclaim … read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
As awarded summary judgment, and also his motions for unfair
as awarded summary judgment, and also his motions for unfair trade practice and motion to failure to meet fudiciary obligation-I am accused of embexxlement in a collection matter. I filed affaidavit e… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Is there a way to appeal a summary judgment hat has been
Is there a way to appeal a summary judgment hat has been handed down? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,807 satisfied customers
I just received a motion for summary judgment Our case set
I just received a motion for summary judgment Our case set for march 10 2017 I take it that the plaintiffs want to hurry this case as the defendant what I file in response. I'm representing myself … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,218 satisfied customers
Federal case/federal law: My motion for summary judgment was
Federal case/federal law: My motion for summary judgment was denied, so I filed a rule 59(e) which was denied 30 days ago today. What do I do? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
O]n a defendant's motion for summary judgment, there will
quot;[O]n a defendant's motion for summary judgment, there will usually be no genuine issue of material fact unless the plaintiff presents expert testimony on the standard of care and its breach by th… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
I have motion for summary judgment papers that have been
i have motion for summary judgment papers that have been dated wrong and signed by 3 notarys, can i ask the court to dismiss the case.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
I need help writing a motion for summary judgment. I do not
I need help writing a motion for summary judgment. I do not have the money to hire an attorney to represent me. I would be willing to pay an attorney to write the motion for summary judgment and I'll … read more
DrakeLAW
DrakeLAW
Juris Doctorate
838 satisfied customers
Spose to a motion for summary judgment, NY, i have been
i have been suerved with a motion for summary juegment i have a variey of formats to chose from to anser and i am confused about soem of them … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
California CCP 437c regarding Summary Judgments states the
California CCP 437c regarding Summary Judgments states the time of notice before hearing is 75 days. What is the timeframe of a Motion for Summary Jugment in an Unlawful Detainer case and in which CCP… read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x