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How long do you have to set aside an entry of default in California?
If the court sent a Notice of Entry of Default If the court has your address, the clerk mails you a Notice of Entry of Default. If they sent this, you must file and serve the request to set aside within 180 days from the date you were served that notice.
What happens after a judgement is set aside?
Once the judgment is set aside, the case starts up again. If you do not file an answer with the court to defend against plaintiffs complaint, you could again be defaulted and another default judgment could be entered against you.
What is the set aside law in California?
Under CCP 473(b), the court may set aside a default and default judgment if the defendant asking for the set aside presents enough evidence to the court to demonstrate that the default was entered by inadvertence, mistake, surprise, or excusable neglect.
What is the difference between set aside and vacate judgment?
Vacating or setting aside is used when referring to nullifying a specific judgment from the judge (in this case, a guilty or no contest judgment). On the other hand, dismissing applies to the entire case. It means that the case is thrown out for reasons other than its factual merits.
What happens when a decision is set aside?
When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate . The phrase is often used in the context of appeals , when an appellate court invalidates the judgment of a lower court. For example, in Eckenrode v.
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The equitable doctrine of offset (sometimes instead referred to as a right of setoff) has been codified in California law as Code of Civil Procedure section 431.70: Where cross-demands for money have existed between persons at any point in time when neither demand was barred by the statute of limitations, and an
Related links
guidelines for default judgments
After you obtain entry of default you must obtain a default judgment within 45 days, unless other defendants named in the complaint have answered.
Code of Civil Procedure Section 473.5: Setting Aside
by RB Gex IV 1970 4 Today most jurisdictions have special provisions permit- ting a defendant to set aside a default judgment upon application within a limited time, if he can
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