Sample Notice Of Motion To Set Aside Default Judgment
Description
How to fill out Motion To Set Aside Entry Of Default And Default Judgment?
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FAQ
To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.
To bring a motion, you need to: ask the court for a motion date. identify and fill out your motion forms. serve and file your motion forms. confirm that you will attend the motion. go to your motion hearing. receive the judge's decision.
What to include in your set aside request Write that you are asking for a set aside under Family Code sections 3691(c) Explain why the law applies to your specific situation. Explain that you did not purposely ignore the court papers, or run away or hide from someone you knew was trying to give you court papers.
If you find out that there is a default judgment against you, you can ask the court to set aside the noting in default and default judgment. If they do, you will get more time to file a Defence. To do this, fill out Form 15A ? Notice of Motion and Supporting Affidavit and file it with the court.
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to ?set aside? (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.