My question involves court procedures for the state of: California
Easy question here, involving being sued by the EDD in 2007. EDD won a default judgment against me as they used last known address from 2002! I did not find out about the judgment until Feb. 2011 when CA Tax Return was intercepted. Since then, they have really found me and have garnished wages. I found out that this should be straight forward - submitting a motion to set aside the default and the default judgment based on the fact that I was never properly notified. I can back this up with lease agreements stating my addresses over the years.
I am broke as can be due to 25% garnishment so I want to get this motion right. I have found the sample from the Law Library, and have the right form on pleading paper. I know that I have to submit the notice of motion to set aside the default and default judgment and it must include an affidavit verifying that I did not have actual notice and it was not my fault. What I don't know about is the "answer, motion, or other pleading proposed." What exactly are these and where do they go? Also, I read that I have two years to submit this, but is it two years after I actually find out about the judgment (as in two years from Feb. 2011)? I can't believe that it would be two years from the judgment in 2007 as then I will have no recourse!
Just found this:
Are these forms acceptable to use? Just looking for a bit of guidance...thanks in advance for any help!