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Default Judgment - but Never Served

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  • 01-11-2010, 11:19 PM
    Steamer
    Default Judgment - but Never Served
    My state is CA.

    On 12-23-09, my landlord filed an unlawful detainer against me. On 12-31-09, he filed a "request for entry of default" - he wants a clerk's judgment.

    I haven't even been served the summons/complaint, but I understand that it isn't abnormal for process servers to claim they have served someone. Also, it's way too fast for the landlord to have obtained an order to post the summons. I'm just finding out about all this. I'm going to call the clerk on Tues to get more info.

    I know how to file a motion to quash the service of the summons, but at this point there may already be a default judgment entered. If that's the case, I would need to ask the Court to set aside the judgment, correct? Is there a form for that? I can't find it on the California court info/forms website.

    Thank you!
  • 01-12-2010, 06:38 AM
    Mr. Knowitall
    Re: Default Judgment - but Never Served
    Try reading this.
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