johnvang
Jun 11, 2012, 09:05 PM
Hello all,
I live in CA and I've filed to sue an insurance agency because of forgery of signature. It is a civil case and I have served the complaint to their place of business by substitution( had my friend walk in to their place and serve them the complaint and summons and got their agents signature on proof of service form). So they have 30 days after the summons to go to court and give an answer but 30 days passed and no answer yet.. I then receive a letter from the insurance lawyer which he states that I have wrote their name wrong (which isn't really I just wrote the insurance agency's full name and their insurance name IS that full name minus the middle name) and he also stated that I had served them wrong but in his calculations he have 10 more days after the 30 days to file an answer because I had used substitution. So then I waited pass the 30+10 extra days and still no answer so I went to court and filed for entry to default and sent the insurance a copy... waited a week and it was approved because the clerk can clearly see in their system that the insurance agency did not respond in the time given. During the wait time for the default to be approved or not I received a letter from the lawyer responding to set aside the default.. and so that court date to set aside the default is coming up and I was just wondering what am I expected to see or hear from the defendant and judge and what am I to do after filing for default and it is approved. Thanks You!
I live in CA and I've filed to sue an insurance agency because of forgery of signature. It is a civil case and I have served the complaint to their place of business by substitution( had my friend walk in to their place and serve them the complaint and summons and got their agents signature on proof of service form). So they have 30 days after the summons to go to court and give an answer but 30 days passed and no answer yet.. I then receive a letter from the insurance lawyer which he states that I have wrote their name wrong (which isn't really I just wrote the insurance agency's full name and their insurance name IS that full name minus the middle name) and he also stated that I had served them wrong but in his calculations he have 10 more days after the 30 days to file an answer because I had used substitution. So then I waited pass the 30+10 extra days and still no answer so I went to court and filed for entry to default and sent the insurance a copy... waited a week and it was approved because the clerk can clearly see in their system that the insurance agency did not respond in the time given. During the wait time for the default to be approved or not I received a letter from the lawyer responding to set aside the default.. and so that court date to set aside the default is coming up and I was just wondering what am I expected to see or hear from the defendant and judge and what am I to do after filing for default and it is approved. Thanks You!