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Set Aside Petition Meaning In Georgia
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To save for a particular purpose: He sets aside some time every day to read to his children.
1. : to disagree with and overturn (a decision or act of a lower tribunal) upon review : overrule, vacate. set aside the decree. 2. : to deprive of legal effect or force : annul, void.
When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate . The phrase is often used in the context of appeals , when an appellate court invalidates the judgment of a lower court. For example, in Eckenrode v.
In Georgia, a Motion to Set Aside a judgment may only be granted by the court under the following circumstances: The judgment being attacked was based on a lack of personal or subject matter jurisdiction. The judgment was based on fraud, accident or mistake.
What does Set aside mean? Cancelling a judgment or order or a step taken by a party in the proceedings.
Definitions of "set aside" To reverse or overrule a decision or action made by a lower court after reviewing it.
When service is to be made within this state, the person making such service shall make the service within five days from the time of receiving the summons and complaint; but failure to make service within the five-day period will not invalidate a later service.
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.
Motions to set aside judgments may be served by any means by which an original complaint may be legally served if it cannot be legally served as any other motion. A judgment void because of lack of jurisdiction of the person or subject matter may be attacked at any time.