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To withdraw a default judgment, you typically need to file a Motion vacate judgment form with 2 points. This form allows you to request the court to set aside the judgment. It is essential to provide valid reasons for the request, such as not receiving proper notice of the original hearing. Using US Legal Forms can simplify this process, as they offer the necessary templates to help you navigate through the legal requirements confidently.
You must file an appeal within 30 days from when the judge's decision (the Notice of Entry of Judgment (form SC-130 or SC-200)) was handed or mailed to you.
Get the form SC-135: Notice of Motion to Vacate Judgment. You must explain on the form why you did not come to court. File the form with the Small Claims Court Clerk's Office at the court where your case was heard. Pay the filing fee.
Removing A Judgment from Your Record There are only three ways in which a judgment can be made to go away: paying the debt, vacating the judgment or discharging the debt through bankruptcy.
*Examples of mistake, inadvertence, surprise, or excusable neglect may include: Illness of Defendant. Attorney's abandonment of client. Fraud by the Plaintiff.
If you file a motion to vacate a default or a default judgment, you must file an answer to the original complaint along with any cross claims or counterclaims you may wish to assert, and the motion must be accompanied by the appropriate fee.