Stop Default Judgments
Imagine opening your email in Bahrain to learn your spouse just got a default divorce judgment in Los Angeles, stripping you of custody, retirement, and even the house. Because California only requires thirty days to answer, a deployed service member can miss the deadline before the mail catches up.
One unchecked box on a summons can turn into a lifetime of regret, but the Servicemembers Civil Relief Act gives us a powerful wrench to stop the gears. The trick is acting within the narrow window before the judgment becomes final.
Step One: Immediate SCRA Stay Motion
- File a motion to stay proceedings under 50 U.S.C. §3931 within days of discovering the default
- Attach deployment orders showing you were on active duty when served
- Request an additional ninety days to respond after return from deployment
- Notify the Judge Advocate General office and copy the opposing counsel
California courts routinely grant the stay once we prove active service, but we must also show that military duties materially affect your ability to litigate. A simple letter from your commanding officer stating operational tempo and limited communication windows usually suffices. We had a Navy pilot’s default set aside last month with a one page declaration from the squadron CO; the entire motion took four business days to draft and file.
Step Two: Attack The Service Itself
Many default judgments fall apart because the petitioner served the wrong address or used regular mail to an FPO. California requires personal service unless the court authorizes substitute service, and substitute service on a deployed address is almost always defective.
We review the proof of service line by line, checking for date stamps, command endorsements, and signatures from authorized process servers. One missing box gives us grounds to move for mandatory set aside under Code of Civil Procedure 473.
Even when service looks proper, we argue procedural prejudice: you could not access California courts from a combat zone to file a timely response. Judges hate denying due process to deployed troops, so the burden shifts to the petitioner to prove the default was harmless, a tall order when retirement and custody are at stake.
Step Three: Reopen The Merits Fast
Once we vacate the default, we immediately request a case management conference and push for expedited discovery. The goal is to show the court you are serious, not gaming the system. We submit a proposed parenting plan, a pension division order, and financial disclosures within thirty days so the judge sees you as prepared rather than dilatory.
We also calendar the new trial date before the petitioner can reassert delay tactics. Because California gives priority to custody matters involving deployed parents, we can often secure a hearing within sixty days of the set aside order, keeping the case on track and limiting attorney fees for both sides.
Time is unforgiving in default scenarios. If you learned about a judgment after the fact, email us your case number tonight. We will review the docket by morning and tell you whether we can unwind the default before it becomes final. The call is free, but the clock is not.
