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1 - I had a default judgment entered against me. What can I do to have it removed?
These resources contain information about court rules, procedure and forms to set aside a default judgment in California state courts:
- California Civil Procedure Before Trial, Reading Room (RR KFC1020 .C32 2004) or electronically on the law library computers, using Lexis Advance. See Volume 2, Chapter 38 “Defaults”
- California Forms of Pleading and Practice, Reading Room (RR KFC1010.A65 C3) or electronically on the law library computers, using Lexis Advance. See Volume 43, Chapter 489 “Relief from Judgments and Orders”
- California Points and Authorities, Reading Room (RR KFC1010 .C34) or electronically on the law library computers, using Lexis Advance. See Volume 7, Chapter 70 “Defaults and Relief from Orders and Judgments: Statutory Remedies”
To find information online about setting aside a default judgment, the Sacramento County Public Law Library has created a step-by-step guide to setting aside a default judgment. The guide provides step-by-step instructions and sample forms that you may use for guidance in downloading their downloadable template, available on the Sacramento County Public Law Library website at http://www.saclaw.org/pages/motion-relief-default.aspx.
2 - How can I resolve my dispute without going to court?
There are a number of ways to resolve a law-related dispute without a lawsuit or, if you have filed a lawsuit, without a trial. These library resources have information on mediation, how it works and how you might use it to resolve your particular issues.
- Win Your Lawsuit (Nolo Press), Self-Help Collection (SHC KFC968 W56 and online in Legal Information Reference Center, click here ). See Chapter 3 “Can’t We Settle Somehow?”
- California Forms of Pleading and Practice, Reading Room (RR KFC1010.A65 C3) or electronically on the law library computers, using Lexis Advance. See Volume 4, Chapter 30 “Using Alternative Dispute Resolution” and Chapter 31 “Mediation”
To find information online about mediation, you can start at the Resolving Your Dispute out of Court section of the California Courts Online Self-Help Center, click here. To obtain a county-by-county listing of dispute resolution services, go to the California Department of Consumer Affairs website, click here.
3 - Where are the California Rules of Court?
Library Resources
- California Rules of Court-State (West), Self-Help Collection (SHC KFC992 .A197)
- West's Annotated California Codes, Reading Room (RR KFC30.5 .W4) Note: This is an annotated version of the California Court Rules. It includes references to cases that interpret the court rules.
4 - How do I sue someone in Small Claims Court in California?
These books are written for individuals and businesses suing or being sued in a California Small Claims Court. They take you step-by-step through the set of procedures and forms that you need to use and explain how to prepare for court.
Library Resources
- Everybody’s Guide to Small Claims Court in California (Nolo Press), Self-Help Collection (SHC KFC976 .E94 and online in Legal Information Reference Center.
- The Small Claims Court, A Guide to its Practical Use (California Department of Consumer Affairs), Self-Help Collection (SHC KFC976 .S63 and online at http://www.dca.ca.gov/publications/small_claims/index.shtml)
Helpful Websites
To find information online about going to Small Claims Court, you can start at the Small Claims section of the California Courts Online Self-Help Center, click here.
For information about suing or being sued in a Los Angeles County Small Claims Court, click here.
5 - How do I sue someone in California state court?
These books show you how to sue a person or a business for up to $25,000 in a California superior court, without using a lawyer. They also show you how to defend yourself in certain types of cases where you are sued for less than $25,000. They provide forms and step-by-step instructions.
- Win Your Lawsuit (Nolo Press), Self-Help Collection (SHC KFC968 W56 and online in Legal Information Reference Center)
- Litigation by the Numbers (Lawdable Press), Self Help Collection (SHC KFC995.A65 G67 2003)
To find information online about filing a lawsuit in California state court, you can start at the California Courts Online Self-Help Center, click here.