TRY ME!
Set Aside Default Judgment
Summary
To set aside a default judgment in California, file a motion under Code of Civil Procedure § 473(b) for mistake, inadvertence, surprise, or excusable neglect. Provide evidence like a sworn affidavit and proof of address change to support your claim of not receiving notice. Prepare a written motion, attach evidence, file it at the court, and serve it to the opposing party. Consider consulting a local attorney for guidance on drafting the motion.Full Conversation
Chris j. Giro
Hi Chris! What specific legal issue are you seeking information about?
I am teying to file a motion to set aside default judgement on an unlawful detainer case. I am the plaintiff (landlord) and i did not show up to court because i mever received notice of the court date in the mail
To set aside a default judgment in California, you can file a motion under Code of Civil Procedure § *(b) for mistake, inadvertence, surprise, or excusable neglect. Include evidence showing you didn’t receive notice of the court date. Have you confirmed the court location where the case was filed?
Yes i have confirmed the location
To proceed with your motion to set aside the default judgment, you'll need to:
- Prepare a written motion explaining your reason (e.g., not receiving notice).
- Attach evidence supporting your claim.
- File this motion at the court where the judgment was entered.
- Serve the motion to the opposing party.
Do you have all the necessary documentation for your motion?
- Prepare a written motion explaining your reason (e.g., not receiving notice).
- Attach evidence supporting your claim.
- File this motion at the court where the judgment was entered.
- Serve the motion to the opposing party.
Do you have all the necessary documentation for your motion?
Can you give me some?
Examples of how I could prove that I did not receive notice of the upcoming court date in the mail.?
Case Rating: *
Here are some examples of how you might prove you did not receive notice of the court date:
- Sworn Affidavit: Provide a signed statement under oath explaining the lack of notice.
- Mail Records: Present records or evidence showing no mail received from the court.
- Witness Statements: Obtain statements from others confirming non-receipt of mail.
- Proof of Address Change: Show documentation indicating a change of address not updated in court records.
Do you have any specific evidence that supports your claim?
Here are some examples of how you might prove you did not receive notice of the court date:
- Sworn Affidavit: Provide a signed statement under oath explaining the lack of notice.
- Mail Records: Present records or evidence showing no mail received from the court.
- Witness Statements: Obtain statements from others confirming non-receipt of mail.
- Proof of Address Change: Show documentation indicating a change of address not updated in court records.
Do you have any specific evidence that supports your claim?
I can provide proof of address change and write a sworn affidavit as well
Case Rating: *
It seems you have solid evidence to support your motion, which is a good start. Ensure your affidavit clearly states the issues with notice and include any change of address documentation. Consider consulting a local attorney for further guidance on drafting the motion to increase your chances of success. Would you like to connect with local lawyers who can better assist you with your case?
It seems you have solid evidence to support your motion, which is a good start. Ensure your affidavit clearly states the issues with notice and include any change of address documentation. Consider consulting a local attorney for further guidance on drafting the motion to increase your chances of success. Would you like to connect with local lawyers who can better assist you with your case?
Can you help me generate a rough draft of the motion to set aside judgement?
Case Rating: *
Certainly, Chris! Here's a rough draft outline for your motion to set aside the default judgment:
*. Caption: Include the court name, your name (plaintiff), defendant's name, case number, and title "Motion to Set Aside Default Judgment."
*. Introduction: Briefly state the purpose of the motion – to set aside the default judgment due to lack of notice.
*. Facts: Describe the background and circumstances, including:
- Your role as the landlord/plaintiff.
- The missed court date due to not receiving notice.
*. Legal Basis: Reference California Code of Civil Procedure § *(b) as the basis for setting aside the judgment due to mistake, inadvertence, surprise, or excusable neglect.
*. Evidence: Outline your evidence supporting the motion:
- Sworn affidavit detailing non-receipt of notice.
- Proof of address change.
*. Conclusion: Request the court to set aside the default judgment and allow you to proceed with the case.
*. Certification: Affirm that the motion and evidence are accurate to the best of your knowledge.
*. Signature: Include your signature, name, and date.
Ensure you attach your affidavit and proof of address change to the motion. Good luck!
Certainly, Chris! Here's a rough draft outline for your motion to set aside the default judgment:
*. Caption: Include the court name, your name (plaintiff), defendant's name, case number, and title "Motion to Set Aside Default Judgment."
*. Introduction: Briefly state the purpose of the motion – to set aside the default judgment due to lack of notice.
*. Facts: Describe the background and circumstances, including:
- Your role as the landlord/plaintiff.
- The missed court date due to not receiving notice.
*. Legal Basis: Reference California Code of Civil Procedure § *(b) as the basis for setting aside the judgment due to mistake, inadvertence, surprise, or excusable neglect.
*. Evidence: Outline your evidence supporting the motion:
- Sworn affidavit detailing non-receipt of notice.
- Proof of address change.
*. Conclusion: Request the court to set aside the default judgment and allow you to proceed with the case.
*. Certification: Affirm that the motion and evidence are accurate to the best of your knowledge.
*. Signature: Include your signature, name, and date.
Ensure you attach your affidavit and proof of address change to the motion. Good luck!
Start a new chat