Tanner R. asked

⚖️  Law

I am filing a Motion to Vacate Default and Default Judgment in California. I have prepared Motions under CCP 473(d) and 473.5, which will be filed soon. The summons and complaint were served in December 2016, and the Default Judgment was not discovered until June 2019 when wage garnishment began. I am considering a Motion under CCP 918 to stay the execution of the judgment. Can the CCP 918 motion be done ex parte, and what would have to happen for levied funds to be returned?

September 24th, 2023

Abigail C. answered

A CCP 918 motion could potentially be appropriate for your situation, but it may not be suitable for...

September 24th, 2023

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