I was served with a summons about a Private Nuisance, I planted 4 feet trees inside my property and my neighbor is suing me. I did not have time to response. Her attorneys filed a request for default.

Was the default judgment granted? You need a good, legal reason to set aside a default - not having time is not a good reason.

You can always try, of course.

What State?

There is no Judgement yet. But I noted there is a Conference Meeting scheduled in June 2011. This is in California.

... Her attorneys filed a request for default.


There is no Judgement yet. But I noted there is a Conference Meeting scheduled in June 2011. This is in California.

If the default has been entered (not just a motion filed), answer the complaint immediately and the motion will become moot.

You are saying not to file a motion but to file a response instead?

You are saying not to file a motion but to file a response instead?

Has default been entered?

Yes. The entry for Default was filed on January 26. My deadline to response is January 20.

Yes. The entry for Default was filed on January 26. My deadline to response is January 20.

If the court granted the motion for entry of default, you would have to file a motion to set it aside, offering proof that you have an acceptable excuse for not filing your response by the time you were required to respond.

I'm not sure if it was granted. I know it was filed.

Hello n:

Go to the courthouse and LOOK at the file. You CAN'T defend yourself if you don't know what's going on.

excon

Default was entered but no Judgement.

Hello again, n:

It's clear that the law is not your forte.. If you want help, hire a lawyer... Otherwise, you're toast.

excon

Agree with Excon - you have no idea what has happened and need to take the time to go to the Courthouse and find out.

The time is clicking away and you are not addressing the problem. If there is a time frame it is rapidly expiring.