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Set Aside Petition Meaning In San Jose
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Multi-State
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San Jose
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US-000297
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You must file the request for order to set aside within 1 year after the entry of judgment.
You must ask for a default within 10 days of the defendant missing the deadline to respond. Once you have a default (or at the same time as you file for entry of the default), you can ask the court to decide the case in a default judgment.
What does Set aside mean? Cancelling a judgment or order or a step taken by a party in the proceedings.
Most judgments (the court order saying what you're owed) expire in 10 years. This means you can't collect on it after 10 years. To avoid this, you can ask the court to renew it. A renewal lasts 10 years.
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.
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.
A judgment or order may be void if the issuing court lacked subject matter jurisdiction over the action, if the court lacked personal jurisdiction over the defendant, if the judgment or order granted relief that the court had no power to grant, or if the judgment was procured by fraud on the court.