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  • Stipulation To Set Aside Default California

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SDSC SC-040 (New 8/08). STIPULATION TO VACATE JUDGMENT AND ORDER THEREON. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO .

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When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.

You must file the request for order to set aside within 2 years after the date when the default judgment was entered against you. The deadline is sooner if the court files show that you were served with a written notice of entry of that default judgment.

You cannot appeal the judgment against you. You must file the appeal within 10 days of the judge's decision. To file the appeal. Get a form called Notice of Filing Notice of Appeal from the small claims clerk.

If any opposing counsel or self-represented party opposes your motion, he or she may serve and file an opposition at least nine court days prior to your motion. No fee is required to file an opposition.

Once the default has been entered the defendant will no longer be allowed to fight the case in court. The landlord can then ask the court for a judgment for possession of the property and the money that is owed by the defendant.

You have four main options to deal with a default judgment: Accept the judgment. Settle the judgment for less. Challenge the judgment. Pursue debt relief.

§ 473(d) allows a court to set aside a default judgment at any time where the judgment is “void on its face”. “Void on its face” means that it is clear from the record that the judgment is defective in some way (without the need to present additional evidence).

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.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232