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What is the relief from default in California?

What relief is available? The Court may set aside the default if you provide evidence showing that the default was entered by inadvertence, mistake, surprise, or excusable neglect. The evidence must establish that the inadvertence or neglect was excusable.

How long does divorce by default take in California?

A default doesnt mean your divorce happens right away. It takes at least 6 months from when you first got the Petition for a divorce to finish. Your spouse will need to complete more steps and a judge will need to sign the final papers (the Judgment).

What is default without agreement in California?

Default Divorce Without Agreement It means the respondent does not file a response and refuses to cooperate. In this case, the court will only review the petitioners proposed judgment and decide whether to grant a divorce by default on the requested terms.

What does default with agreement mean?

Number 1: A default with agreement means the other party didnt respond but they are going to do everything they would normally do if theyre going to be involved and do the paperwork just as they would if they did respond but theyre not going to have to pay a filing fee.

What is a default with agreement in California?

A divorce by default with agreement means you dont have to respond, but you and your spouse do need a written agreement. But in a divorce by default with agreement, you dont file a response and when your spouse requests a default, they give the court a written agreement that you and your spouse have written up.

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What happens after request to enter default California?

Once the clerk enters a default in the court record, the defendant is no longer able to file a response or otherwise participate in the case. The plaintiff can also request a judgment entered in his or her favor, at the same time as the default, or later. This is known as requesting a default judgment.

What happens after a default Judgement is issued in California?

After a default judgment, the Plaintiff will try to collect the money you owe. The Plaintiff may be able to take money from your paycheck or bank account and put a lien on your property. If you dont have any assets to pay the debt, you can let the Plaintiff.

What is a default entry in California?

If the defendant didnt file a response by the deadline, you can ask the court to enter a default. A default ends the defendants chance to file a response because the defendant has not responded in time. You must ask for a default within 10 days of the defendant missing the deadline to respond.

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