Q: Hi! I am so confused. What does “Order to Show Cause: Default Judgment” mean? Thank you
A:
An "Order to Show Cause: Default Judgment" is a legal document issued by a court in California when one party to a lawsuit (the defendant) has failed to respond to the complaint or otherwise appear in the case. Here's what it means:
1. Default: The defendant has not filed a response to the complaint within the required time period (usually 30 days after being served).
2. Order to Show Cause: The court issues an order requiring the defendant to appear in court and explain ("show cause") why a default judgment should not be entered against them.
3. Default Judgment: If the defendant fails to respond to the Order to Show Cause, the court may enter a default judgment in favor of the plaintiff. This means the plaintiff automatically wins the case, and the defendant may be required to pay damages or comply with other court orders.
The purpose of the Order to Show Cause is to give the defendant a final opportunity to respond to the lawsuit before a default judgment is entered. If you have received this order, it is important to respond promptly and either file an answer to the complaint or appear in court on the specified date to avoid a default judgment being entered against you.
If you are unsure about how to proceed, it is highly recommended that you seek legal advice from an attorney familiar with California civil procedure.
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