my son got a default judgement against him on 22aug. he was not properly served here in lemoore ca and I am trying to help him prepare a pleading that would set aside his default judgement based on not being served properly and the statue of limitations of one year for personal injury had expired....thanks to anyone that can give me advice on the blank pleading form or any other advice on having a default judgement set aside.
2006-10-16 12:17:34 · 2 answers · asked by tadams20042003 1 in Politics & Government ➔ Law & Ethics
If you read this wikipedia page you will see that in CA you need to use an official government form for legal pleading. You might want to read up on the laws regarding statute of limitations in CA. It just might be that even though he was not served correctly, he still should have looked into the issue he was involved in at some point during that year to find out his liability rather than ignoring it. Though from reading the sites I provided for you below it seems that when serving papers the server has to fill out a statement regarding how the papers were served.
2006-10-16 14:03:33 · answer #1 · answered by low_on_ram 6 · 0⤊ 0⤋
Go to the law library at the courthouse where the judgment wa taken against you. That is the best place to start. Every State is different, so I can't send you one that works here. It is a lot of work.
2006-10-16 14:45:15 · answer #2 · answered by Valerie 6 · 0⤊ 0⤋