Our company just received a notice of default judgment, which is the first notice we've gotten about the claim in the first place. I've done some research, downloaded the papers filed by the plaintiff, and it looks like the papers may have been served improperly. In any case, it looks like we would need to file a motion to vacate or set aside default judgment. Is there an actual form that we have to fill out for this, or some guidelines to write our own? We want to try to do this without our lawyers, because it seems simple in theory, but I just can't seem to find exactly what to fill out or write that abides by San Francisco County/California law. What do I need to do?

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Originally Posted by laurensf

because it seems simple in theory, but I just can't seem to find exactly what to fill out or write that abides by San Francisco County/California law. What do I need to do?

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Hello l:

A heart transplant is simple in theory too, but I can't do one. I also can't teach you law on this board. You really need to put this in the hands of the professionals, because before you figure out what to do, your bank accounts will be empty.

excon

You need to prapere pledge paper. No fixed form for this. The paper should consist of motion to set aside , points of memorandum and affidavit and declaration. You can do it. Search Google for santa clara set aside default. Copy that one just change the county
Tarhan

Found myself in the same situation, you can do it, I believe without a lawyer! I contacted the court's clerk office, requested a copy of this judgment that got filed, and a sweet lady gave me an idea on how to put together the letter for the judge titled: Motion to set aside default judgment... Make sure you have the case#, Plaintiff info and your companies name & address. If you go online you can see samples on how to format the top portion of the letter “Plaintiff vs. Defendant”… State the reason why you would like to have the courts set aside this judgment. Make sure your reason is strong enough to convince the judge. Get it signed and notarized and send that package, along with the motion filing fee to the courts (will depend on your district) "certified" and wait for your response...

Found myself in the same situation, you can do it, I believe without a lawyer! I contacted the court's clerk office, requested a copy of this judgment that got filed, and a sweet lady gave me an idea on how to put together the letter for the judge titled: Motion to set aside default judgment... Make sure you have the case#, Plaintiff info and your companies name & address. If you go online you can see samples on how to format the top portion of the letter “Plaintiff vs. Defendant”… State the reason why you would like to have the courts set aside this judgment. Make sure your reason is strong enough to convince the judge. Get it signed and notarized and send that package, along with the motion filing fee to the courts (will depend on your district) "certified" and wait for your response...

This is not true in all Courts - I also note that the person asking the question has not been back to see if there are any answers.

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Originally Posted by JudyKayTee

... I also note that the person asking the question has not been back to see if there are any answers.

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Probably heeded excon's sage advice and got himself an attorney.

One can only hope - I also wonder about the "do it yourselfers" who are obviously cutting and pasting.

Of course, as long as they don't do their own investigations...