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CA default judgment entry rejected due to incomplete summons and proof of service

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Sleepyiam

Junior Member
What is the name of your state (only U.S. law)? CA
My soon-to-be ex wife and I have agreed on all points of our divorce and we don't have kids. We agreed to an uncontested divorce so I filed the paperwork for a default entry judgment. The courts rejected this request due to an incomplete summons and incomplete proof of service. Can I fill-in the missing parts in the original paperwork and re-submit the same paperwork or do I need to do a new summons with a new date of service (which means the 6 month wait for default entry starts with this new date)?
 


latigo

Senior Member
What is the name of your state (only U.S. law)? CA
. . . . . . Can I fill-in the missing parts in the original paperwork (summons for service) and re-submit the same paperwork . . .
Yes, if you are comfortable wearing an orange jumpsuit and allergic to sunlight and fresh air!
 
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tranquility

Senior Member
I agree completely with latigo. To add, if it is negotiated, just submit the agreement signed by both parties. I am uncertain of the problem.
 

garrula lingua

Senior Member
You have to file the original summons & the proof of service (or waiver; just do the proof of service).

They won't do anything until you do that.

Did you file the original Summons they issued, and did you have the person who served, fill out the proof of service ?

Clear up the issue about the Summons & proof of service.
 

Sleepyiam

Junior Member
You have to file the original summons & the proof of service (or waiver; just do the proof of service).

They won't do anything until you do that.

Did you file the original Summons they issued, and did you have the person who served, fill out the proof of service ?

Clear up the issue about the Summons & proof of service.
Yes the original summons was filed. The service was acknowledged by my wife but the proof of service did not include the phone number of the person that did the service. The instruction from the court said to refile the default request "with current dates" so I was not sure what this meant. Should I re-serve using new dates and basically sending the entire paperwork again or do I update the original summons and proof of service with the missing information and send those to the court? Thanks for your help.
 

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