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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 34449
Experience:  30 years experience representing clients.
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Do you know the statute of limitations are appealing a

Customer Question

Do you know the statute of limitations are appealing a default
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: CA
JA: Has anything been filed or reported?
Customer: A default civil judgment was entered.
JA: Anything else you want the lawyer to know before I connect you?
Customer: 4 years ago
Submitted: 11 months ago.
Category: Legal
Expert:  Loren replied 11 months ago.

Under CCP 473.5(a), if service of the summons is proper, but it does not result in "actual notice" of the lawsuit to the defendant, the motion to set aside must be filed within a reasonable period of time not exceeding two years within the date judgment was entered. This lack of knowledge cannot be caused by the defendant's inexcusable neglect or avoidance of service.

Under CCP 473(d), a court's void judgment can be set aside at any time. A judgment may be void in fact if the judgment appears to be properly entered in the court file, but evidence shows that the judgment was improperly entered, for example, if a defendant can establish that the Summons was never served. However, substantial compliance with the service of summons statutes is sufficient to defeat a motion under CCP 473(d).

Expert:  Loren replied 11 months ago.

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Loren