Portland, OR asked in Business Law, Civil Litigation and Collections for California

Q: I received a copy of a Request for Entry of Default Judgement filed by an equipment leasing company. How do I respond?

This was filed in Orange County, ca. I am located in Multnomah County, OR. All documents were signed by me in OR. I am simply trying to avoid have a default judgement against me as the immediate step.

1 Lawyer Answer
Vernon Charles Tucker
Vernon Charles Tucker
  • Collections Lawyer
  • Simi Valley, CA
  • Licensed in California

A: If you received a Request for Entry of Default you are in a tough position.

This means service has been effectuated upon you and your responsive pleading was already due by now.

The defendant has now requested a default to be entered against you and this will happen unless you file a responsive pleading BEFORE the default is entered. I don't want to give you false hope so unless the default is rejected you have lost the opportunity to respond. You are now in a default position and cannot file any responsive pleading like an answer to the lawsuit.

You must now bring a motion to set aside the default judgment and should contact an experienced attorney to handle this motion for you as you only get one opportunity to accomplish setting aside the judgment otherwise the judgment will be final if you do not prevail on your motion and you will be stuck with the judgment.

I hope this helps and please do not hesitate to contact me with any further questions regarding this matter.

Vernon C. Tucker

(818) 699-0333

Member California Bar

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.