Bill > AB2042

This bill clarifies and expands the ability of individuals to challenge default judgments, which are judgments entered when a defendant fails to respond to a lawsuit. Specifically, it allows a defendant who did not receive actual notice of a lawsuit in time to defend themselves to file a motion to set aside a default or default judgment, even if the initial service of legal documents, known as a summons, was technically lawful. This is particularly relevant in cases involving debt buyers who may have obtained judgments against individuals without their knowledge. The bill also modifies existing law regarding the burden of proof when service of process is challenged, stating that for any proof of service filed on or after January 1, 2027, the party seeking the default judgment will have the burden of proving that service was lawful if the defendant presents evidence that service was not properly effected. Importantly, this change does not affect a court's ability to handle cases with proofs of service filed before January 1, 2027, and preserves a party's right to seek dismissal if they were not served at all.

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https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB2042