When you receive a copy of a judgment ordered against you for a lawsuit you didn’t know was happening, you may be incredibly confused. If you have been sued but never responded, the court can issue what’s known as a default judgment. However, it’s important to understand that in some instances, you may be able to file a petition to have the judgment vacated. If this reflects your circumstances, it’s imperative to connect with an experienced Los Angeles, California debt defense lawyer to discuss your legal options during these difficult matters. The following blog explores what a default judgment is and the grounds on which it can be vacated.
What Is a Default Judgment in Los Angeles?
When a creditor files a lawsuit against you over a debt you owe, there are several steps that must be taken. You will be served papers, which include the complaint and summons. The complaint informs you of the fact that the lawsuit has been filed against you and what relief the plaintiff has requested from the court, while the summons provides information as to how and when you must respond and appear in court.
If you fail to respond to the lawsuit by the date and time specified in the summons, a default judgment may be issued against you. Essentially, this means that because you did not respond to or refute the information in the complaint, the judge has awarded the plaintiff the damages sought in the complaint.
What Does It Mean to Vacate a Default Judgment?
Vacating a default judgment essentially means you are requesting that the court reopen your case so you can defend yourself. It’s important to understand that this does not mean the lawsuit is erased, but rather it allows you to present your side of the matter.
What Happens When a Judgment Is Vacated?
- The case is reopened and returns to an “active” status
- You regain the right to issue a response
- The creditor must prove their claims in court
- The issued judgment is no longer enforceable unless reinstated by the court
How Do I Vacate a Default Judgment in Los Angeles?
When a default judgment is issued against you in Los Angeles or the surrounding Southern California area, you may be able to petition to have it vacated. This essentially means that the judge will reopen the case so that you may defend yourself. It’s important to understand that having a default judgment vacated does not mean your case is dismissed or you won; it simply grants you the right to fight in court. You should also note that there are specific circumstances under which you can be awarded a vacated judgment.
Valid Reasons Courts May Vacate a Default Judgment
- You were never properly served with the lawsuit
- You were in the hospital, ill, or otherwise incapacitated
- You were traveling or otherwise unable to respond to the lawsuit in time
- You were given misleading information by the opposing counsel
- You experienced excusable neglect
It is important to understand, however, that simply not understanding the lawsuit does not constitute a valid legal defense.
How to File a Motion to Vacate in Los Angeles
If you wish to pursue this route, you must file a petition with the court to have the case vacated. If granted, you will receive information from the court about the next steps in your court case.
Filing Process Explained
- Prepare a motion or petition to vacate the default judgment
- Include a declaration explaining your failure to respond to the initial filing
- Attach supporting documentation, like travel records, medical bills, etc.
- File the document in accordance with the deadlines under California law
- Serve the motion to the opposing party
- Attend scheduled court hearings
How Long Do You Have?
- In California, motions are generally governed by Code of Civil Procedure § 473
- Deadlines may be as short as six months for certain grounds
- Lack of service claims can allow for longer time frames
- The quicker you act, the better your chances may be
Contact an Experienced Los Angeles Consumer Defense Attorney Today
When you discover a default judgment has been ordered against you in Los Angeles or the surrounding communities, taking the necessary steps to protect yourself is critical. This includes hiring qualified legal representation! At Los Angeles Legal Solutions, our team understands how overwhelming these matters can be. That’s why we are ready to assist you. If you need help, contact our team today to discuss your circumstances so we can determine the best course of action for your needs.
