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  1. #1
    Join Date
    Dec 2009
    Posts
    10

    Default 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!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Default Judgment - but Never Served

    Try reading this.

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