Sample Motion To Set Aside Default Judgment With Motion To Dismiss
Description
How to fill out Motion To Set Aside Entry Of Default And Default Judgment?
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FAQ
After a default judgment, the Plaintiff will try to collect the money you owe. The Plaintiff may be able to take money from your paycheck or bank account and put a lien on your property.
Hear this out loud PauseExamples of mistake, inadvertence, surprise, or excusable neglect include: ? Illness of defendant. Attorney's abandonment of client. Fraud of the plaintiff. The following instructions and forms assume that you are a defendant who is filing a motion to vacate a default judgment.
Hear this out loud PauseWithin 180 days after entry of a default judgment if the Defendant received written notice of the default judgment (See California Code of Civil Procedure §473.5)
Hear this out loud PauseYou can ask to cancel, or ?set aside? a default judgment. You have to have a good reason for not responding in 30 days. If the judgment is canceled, you'll get a chance to answer.
Hear this out loud PauseTo have the default judgment set aside the defendant must show the court that: ????there is a good reason why they did not file a defence within 28 days. they have a bona fide (genuine) defence. they applied to set aside default judgment as soon as they became aware of it.