Motion to Set Aside Entry of Default and Default Judgment
About this form
The Motion to Set Aside Entry of Default and Default Judgment is a legal document used to request that a court vacate a previous default judgment made against a defendant. This form is critical when a defendant has missed the opportunity to respond to a lawsuit, typically due to circumstances such as mistake or lack of proper notice. Unlike a notice of appeal, this motion focuses on allowing a party to defend themselves in court after a judgment has already been entered due to their absence.
State law considerations
This is a general form suitable for multiple states. Review and modify it as needed to reflect your jurisdiction’s rules.
When to use this document
This form should be used when a defendant has received a default judgment due to not responding to a complaint within the required time frame. Common scenarios include cases where the defendant was unaware of the lawsuit, missed the deadline due to an oversight, or encountered any form of unavoidable negligence that prevented them from responding. Essentially, this motion allows a defendant to regain the opportunity to present their case in court.
Who needs this form
- Defendants who were defaulted in a civil case and wish to contest the judgment against them.
- Parties who can demonstrate a valid reason for their failure to appear in court or respond to the complaint.
- Individuals who believe they have a legitimate defense against the claims made in the lawsuit.
How to complete this form
- Identify the parties: Fill in the names of the plaintiff and defendant as they appear in the case.
- Gather relevant dates: Provide the date when the complaint was filed, service of process occurred, and when default was entered.
- Explain the grounds: Clearly state the reasons for the motion, indicating any excusable neglect or other justifications.
- Assert your defense: Briefly describe the merits of your defense to support your request.
- Sign and date: Make sure to sign the document and include the date for legal validity.
- Serve the motion: Ensure that a copy of the motion is sent to the plaintiff or their attorney as required.
Does this document require notarization?
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.
Common mistakes
- Failing to provide valid grounds for setting aside the judgment.
- Missing deadlines for filing the motion after default judgment.
- Not accurately completing the case information sections.
- Overlooking the requirement to serve the motion to opposing counsel.
- Omitting crucial details about the defense against the underlying claim.
Why complete this form online
- Immediate access to downloadable templates that can be filled out at your convenience.
- Easy editing allows you to customize the form according to your specific case details.
- Reliability from templates drafted by licensed attorneys, ensuring legal compliance.
Form popularity
FAQ
If a notice of motion for setting aside or variation of a judgment or order is filed within 14 days after the judgment or order is entered, the court may set aside or vary the judgment or order under r 36.16(1) as if the judgment or order had not been entered: r 36.16(3A).
First, you can ask the court to set aside the default judgment and give you an opportunity to contest it. Next, you can settle the debt with the debt buyer for an amount less than what the default judgment is for. And finally you can eliminate the default judgment completely by filing for bankruptcy.
Apply to get the judgment set aside You'll have to go to a private hearing at the court to explain why you do not owe the money. If you do not go to the hearing, your application will be rejected and you'll have to pay the amount in the judgment.
Apply to get the judgment set aside You'll have to go to a private hearing at the court to explain why you do not owe the money. If you do not go to the hearing, your application will be rejected and you'll have to pay the amount in the judgment.
Accept the judgment. Settle the judgment for less. Challenge the judgment. Pursue debt relief.
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 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.
To get a judgment set aside, fill in the application notice (N244) and send it to the court. You may have to pay a court fee of £255. You'll have to go to a private hearing at the court to explain why you do not owe the money.
Fill out a Notice of Motion to Vacate Judgment and Declaration (Small Claims) (Form SC-135 ). File it with the small claims court clerk. Pay the filing fee. If you cannot afford the fee, ask for a fee waiver. The clerk will give you a date for your hearing.
