You will need to file a number of things. Look at it as two separate processes.
For Small Claims Cases click here for simplified process.
First, you will need to file the Motion to Vacate/Motion to Dismiss, as noted above and described in this Guide.
Second, at the same time you will also need to respond to the original Complaint, as if you were responding to it timely. This is because when you seek relief from a default, you are asking the Court to essentially roll the proceedings back in time to the beginning. You will need to respond as if you are back at the beginning of the lawsuit.
You will want to do research to determine how to respond. You may wish to file an Answer. You may wish to file a Demurrer, or file a Motion to Strike. Each of these responses has a different purpose and is a different strategy.
Responding to a Complaint is beyond the scope of this guide. Consult with our librarians for resources to assist you. We have numerous practice guides on this subject.
You may also wish to consult the Nolo book Win Your Lawsuit (KFC968.Z9 D86 2010), which you can access in our reference section at our Downtown location.This book discusses the various responses and their procedures.
Form Answers can be found on the Judicial Council Forms website.
