QUESTION

How do I respond to default that was filed & entered prior to the court filing my response?

Asked on Jun 05th, 2014 on Civil Litigation - California
More details to this question:
Stanley Mosk Courthouse LA, CA Case13K06164 5/23/14 Plaintiffs request for default filed and entered 5/28/14 Response filed (Defendant) I'm a land developer. I owe landscape company $13,500. Contractor assigned his rights to collector, Glendale Acceptance, Kathryn Lauer. She is not an attorney. I've offered her a promissory note to be paid through sale of spec home. She's demanding $5k now and $15k in promissory note to drop legal case. She wants answer now or says shes going to file default with court (fax filing) I was not given written notice of the plaintiffs request for the entry of default which says she must do that at least 3 days before making request. I requested copy of form CIV 100 - she would only send 1st page of default but the 2nd where it she must declare if mailed or not. I need to seek relief from default judgement or not show failure to plead or defend lawsuit. With a default file and entered on 5/23 by plaintiff what do they need to do next to collect
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1 ANSWER

Real Estate Transactions Attorney serving Sacramento, CA at Abdallah Law Group, P.C.
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Dear developer, If you failed to timely file your response within 30 days of being personally served, the plaintiff may request a default. Once the default is entered, you have a short time period to have the default vacated (no more than six months) under what is called a 473 motion. The courts usually grant these motions liberally. If you do not have the default vacated, the plaintiff will seek a default judgment. If you need help, feel free to contact me, Mitch abdallah (916) 446-1974
Answered on Jun 07th, 2014 at 7:30 PM

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