Received a request for entry of default dated 6/27/2011. What should I do?

Your options are to either (1) do nothing and let the plaintiff obtain a default judgment against you for the amount requested in the complaint, or (2) immediately hire an attorney to get a stipulation or file a noticed motion to set aside the default and then defend/settle the case. In California, a defendant who has been defaulted by failure to respond to a summons and complaint might have an opportunity to set aside the default based upon Code of Civil Procedure § 473.5. “When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action.” (California Code of Civil Procedure § 473.5(a). ) The motion must be served within the earlier of two years after entry of a default judgment against him or her; or 180 days after service on him or her of a written notice that the default or default judgment has been entered. The moving party should submit a sworn declaration as to when he or she first learned of this action, whether he or she was ever served with the summons or complaint in the action, and whether he or she ever received notice of entry of default. “A notice of motion to set aside a default or default judgment and for leave to defend the action shall designate as the time for making the motion a date prescribed by subdivision (b) of Section 1005, and it shall be accompanied by an affidavit showing under oath that the party's lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect. The party shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action.” (California Code of Civil Procedure § 473.5(b).)

If you want to avoid a judgment being entered against you and then having the creditor start enforcement activities, contact an attorney immediately to try to stop the entry of default or set it aside before it is too late. You have a very short period of time to act! Disclaimer of California Attorney Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract. Joshua P. Friedman [email protected] www.losangelescollector.com

Hire counsel immediately to represent you. Setting aside a default judgment is no easy task and there are no standardized forms to do this properly. Please see my blog posting on this, linked below. Robert Stempler (please see DISCLAIMER below) www.StopCollectionLawsuits.com