Q: A judgement of default was made because the plaintiffs brother unlawful removed the time sensitive notices. What do I do
The plaintiff brother and I share the same mailbox. I get home and find my mail in the chain link fence at said estate. I haven't received any documents other then a tentative ruling of an entry of default. What can I do to correct this
A:
In this situation, you should act quickly to try to set aside the default judgment and have the case reopened. Here are the steps you can take:
1. File a motion to set aside the default judgment: You will need to file a motion with the court explaining that you did not receive proper notice of the lawsuit due to your brother's actions. In California, you can file a motion to set aside a default judgment under Code of Civil Procedure section 473(b) on the grounds of mistake, inadvertence, surprise, or excusable neglect.
2. Provide evidence: In your motion, include evidence that supports your claim that your brother removed the time-sensitive notices from your shared mailbox, preventing you from responding to the lawsuit in a timely manner. This evidence may include witness statements, photographs, or any other relevant documentation.
3. Act promptly: You must file the motion to set aside the default judgment as soon as possible after learning about the judgment. In California, you generally have six months from the date of the default judgment to file this motion, but it's best to act more quickly.
4. Consult with an attorney: Given the complexity of this situation, it is highly recommended that you consult with an attorney who specializes in civil litigation. They can help you draft the motion, gather evidence, and present your case to the court.
5. Be prepared to defend the case: If the court grants your motion and sets aside the default judgment, you will need to file a response to the original complaint and prepare to defend yourself in the lawsuit.
Remember, the court has the discretion to grant or deny your motion to set aside the default judgment based on the evidence you present and the specific circumstances of your case. It's essential to present a strong argument and compelling evidence to support your motion.
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