Q: Is the defendant served the Req for Entry of Judgment and/or Judgment? How much time to file to Set Aside Default /Vaca
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!
A: I can't give a definite answer due to the uncertain facts. I sounds like the defendant did not properly file his Request for Default, and if so that document has no effect. To be sure of the status of your case, I would call the Court Clerk of the Courthouse where this matter is pending, and ask the Clerk if there has been a valid Req. for Entry of Default filed by the defendant. They should be able to tell you the status. You can also look up your case number and see what documents have been properly filed. There are usually notes to the right of each entry that tell you if the document is active or not.
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