QUESTION
What are my options if my attorney didn't file my response in 30 days and a default was entered?
Asked on Jul 25th, 2016 on Divorce - California
More details to this question:
I was told that the other party would set it aside but did not. Now my lawyer wants to charge me to file a motion to set the default aside. I told my lawyer that I wanted the motion filed for free. It’s been a week. I have no clue what’s going on. When I called, I was told my lawyer was on vacation.
2 ANSWERS
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If the error was your attorney's fault, the law specifically has a provision to set aside a default with the attorney filing a declaration of fault. The attorney should do this for you if he or she made the mistake.
Answered on Aug 22nd, 2016 at 6:14 PM
You have to file a Request For Order to set aside the default. Get some help from an attorney or paralegal. Do not wait. Take immediate action.
Answered on Aug 22nd, 2016 at 6:14 PM