Mr

[explorermad]

What is the name of your state? California. I would like to ask what is exactly meant by set aside default and can a person take me to court to pettion the court to set aside my default after she comes back six months after it was granted by saying that her father died and is still alive. She claims that her summons was not understood by her when it was in spanish and english. What she had to do to respond states that I lied to her telling her that she didn't have to do any thing since I cancelled every thing no such thing. [email protected]

 

[LdiJ]

What is the name of your state? California. I would like to ask what is exactly meant by set aside default and can a person take me to court to pettion the court to set aside my default after she comes back six months after it was granted by saying that her father died and is still alive. She claims that her summons was not understood by her when it was in spanish and english. What she had to do to respond states that I lied to her telling her that she didn't have to do any thing since I cancelled every thing no such thing. [email protected]

Most states have some sort of mechanism where a default ruling can be challenged/re-opened within a specific window of time. That is what she is doing. She has made a motion to "set aside" (cancel, undo) the default ruling and to have a proper hearing on the matter.

If you can prove that she was properly served....and if you can prove that her stated reasons are not true....and/or she isn't credible on her stated reasons, the judge may decline to re-hear the case. However if the original default ruling was patently inequitable a judge may choose to re-hear the case anyway.

 

[rmet4nzkx]

There is a section of CA Civil Proceedure allowing for a default to be set aside due to error or mistake and a section of the Evidence code that allows for verbal contracts. Without further facts there is little more to be said.