How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Loren Your Own Question
Loren, Attorney
Category: Legal
Satisfied Customers: 34449
Experience:  30 years experience representing clients.
Type Your Legal Question Here...
Loren is online now
A new question is answered every 9 seconds

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.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for assisting you.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you!