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.
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
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