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    sunshine99's Avatar
    sunshine99 Posts: 1, Reputation: 1
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    #1

    Sep 4, 2009, 01:08 AM
    How to oppose defendant's motion in CA to vacate the default judgment
    As a plaintiff in pro per in CA, I was granted a default judgment. The defenfant then hired an attorney and filed a motion to vacate the default judgment with a hearing date coming soon.

    What do I need to do (or forms to use) to file my intent to appear to oppose the motion?
    And when?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Sep 4, 2009, 06:13 AM
    Hello s:

    Was a STAY of execution granted too?? If not, collect on your judgment, and when it goes to court, it's moot.

    If not, you need to file a motion in "opposition to vacating the judgment". Prepare an affidavit to go along with the motion... The affidavit is where you argue the motion...

    However, the DEFENDANT is going to need to prove that the default should be vacated for a LEGAL reason - not just because the defendant didn't want to go to court... If they were served properly, they're going to have a REAL hard time reversing things.

    excon
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