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On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment or order for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other ...
For instance, per Rule 74.06(b)(4), a trial court ?may relieve a party or his legal representative from a final judgment or order? [if] the judgment is void.? A judgment is void if the trial court that rendered the judgment lacked jurisdiction to do so.
511.250. Motion to set aside judgment must be filed within three years. ? Judgments in any court of record shall not be set aside for irregularity, on motion, unless such motion be made within three years after the term at which such judgment was rendered.
Motion to set aside judgment must be filed within three years. ? Judgments in any court of record shall not be set aside for irregularity, on motion, unless such motion be made within three years after the term at which such judgment was rendered. Effective dates prior to 1940 may not be the actual effective date.
Satisfaction of Judgment: Once a defendant has paid-off a judgment, this form is used by the person receiving the money or property to let the court know that the judgment has been paid. Do not use this form to satisfy a judgment that contains an ongoing obligation, i.e. child support or maintenance.
The petition must be verified before it can be filed, which means you must swear to or affirm the truth of the facts in the petition. Then, you must sign the petition under oath before a notary.
If the judgment is set aside by the court, this means that the proceedings go back to the claim stage and any enforcement action is also cancelled. You have a new opportunity to fill in the reply to the claim form, make an offer of payment or put in any defence or counterclaim.
Certificate of Service: A form filed with a court's clerk's office stating that the opposing party in a lawsuit received copies of papers filed in the case.