• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How much time is allowed to file to Set Aside Default / Vacate Judgment? (LASC)

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

1PROper

Junior Member
Is the defendant served the Req for Entry of Judgment and/or Judgment? How much time to file to Set Aside Default / Vacate Judgment?

This was an acct paid in full as due each month. Pymts were then refused w/o cause, followed by filing suit for non-pymt. Last known this case was on calendar the end of this month until just learned online a Default Judgment was entered in May. No notices were received by plaintiff or court on the Req for Default, Judgment, or moving the court date back 3 months. The last hearing in Feb was an OSC for Failure to File POS and Req for Default (both rejected). Plaintiff failed to appear yet the case was not dismissed but con't to Aug. I, the Def appeared but not heard w/o an atty or Answer filed. I was served the Minute Order by the court. *Atty was to file against plaintiff prior to this retaliatory filing against me, then said they'd get it dismissed and still file. Was left hanging by atty who took med leave, referred cases but never mine. If answered timely and properly, this case would never seen a courtroom. The judgment isn't the concern, it's *ALL* my personal property gone!
 


quincy

Senior Member
Is the defendant served the Req for Entry of Judgment and/or Judgment? How much time to file to Set Aside Default / Vacate Judgment?

This was an acct paid in full as due each month. Pymts were then refused w/o cause, followed by filing suit for non-pymt. Last known this case was on calendar the end of this month until just learned online a Default Judgment was entered in May. No notices were received by plaintiff or court on the Req for Default, Judgment, or moving the court date back 3 months. The last hearing in Feb was an OSC for Failure to File POS and Req for Default (both rejected). Plaintiff failed to appear yet the case was not dismissed but con't to Aug. I, the Def appeared but not heard w/o an atty or Answer filed. I was served the Minute Order by the court. *Atty was to file against plaintiff prior to this retaliatory filing against me, then said they'd get it dismissed and still file. Was left hanging by atty who took med leave, referred cases but never mine. If answered timely and properly, this case would never seen a courtroom. The judgment isn't the concern, it's *ALL* my personal property gone!
Well, that is certainly a confusing story.

Who are you in all of this? What personal property?
 

FlyingRon

Senior Member
The defendant has 120 days from the time they are notified (or two years from the entry if not formally notified). It is indeed hard to follow the gibberish above, but I suspect that the chance of getting it set aside were shot when the defendant did appear and didn't raise the issue. However, given the massive confusion here, I'd suggest getting a lawyer to protect your interests.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top