Setting Aside Judgment By Consent
Description
How to fill out Motion To Set Aside Entry Of Default And Default Judgment?
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FAQ
Examples 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.
You 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.
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.
The process for setting aside default judgment You will need to make an application to the court regardless of whether consent is obtained, but seeking consent may mean that the claimant does not oppose the application, potentially reducing the costs of the application.
If we set aside a decision, it means we agree or partially agree the original decision was wrong. We might replace it with a new decision or we might remit the decision which means we send the matter back to the department to make a new decision in ance with our instructions or recommendations.