California Civil Code

§ 1788.61

CIV § 1788.61 Effective Jan 1, 2022Div. 3 · Title 1.6C.5 · Part 4

Statute text

(a)(1) Notwithstanding Section 473.5 of the Code of Civil Procedure, if service of a summons has not resulted in actual notice to a person in time to defend an action brought by a debt buyer and a default or default judgment has been entered against the person in the action, the person may serve and file a notice of motion and motion to set aside the default or default judgment and for leave to defend the action.

(2)Except as provided in paragraph (3), the notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of:

(A)Six years after entry of the default or default judgment against the person.

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Legislative history

Amended by Stats. 2021, Ch. 265, Sec. 2. (AB 430) Effective January 1, 2022.