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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.
If you know where the Judgment Debtor banks, you can ask the Sheriff to collect money from their account (bank account levy). If you know where the Judgment Debtor works, the Sheriff can collect 25% of the debtor's wages each pay period until your judgment is paid in full (wage garnishment).
Once the judgment is set aside, the case starts up again. If you do not file an answer with the court to defend against plaintiff's complaint, you could again be defaulted and another default judgment could be entered against you.
While a hearing officer does not have the full power of a Circuit Court judge, they can dramatically affect a corporation or an individual. Appeals to the Circuit Court can be costly and time consuming. Procedural rules for administrative hearings are very important to follow.
The majority of courts use some variation of a random drawing. One simple method is to rotate the names of available judges. At times, judges having special expertise can be assigned cases by type, such as complex criminal cases, asbestos-related cases, or prisoner cases.