Release Of Judgment Form For Default
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FAQ
The MC-030 Declaration form is a California Superior Court form used for legal proceedings by an attorney, respondent, or defendant to provide the court with any relevant information to the case. This form may be attached along with other court documents.
SET ASIDE DEFAULT: A defendant can petition the Court to set aside the default. This is a noticed motion before the Court seeking to ask the Court to remove the default and allow the defendant to answer the pleading as if no default was ever taken. Plaintiff will appear to contest that motion usually.
How to vacate your judgmentFill 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.
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.
A motion to set aside a default based on C.C.P. § 473(b) must be filed within a reasonable time but in no case later than six months of the date the default was set aside. C.C.P. A§ 473(d) allows a court to set aside a default judgment at any time where the judgment is void on its face.
