Letter Requesting Motion To Vacate Order Of Default Form In Clark
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FAQ
Imagine you've taken someone to court, but they've ignored all proceedings. A motion for default judgment allows you to ask the court to automatically decide in your favor due to the other party's lack of response or action.
If you don't file an Answer or you miss a court date, the party suing you will ask the court for a default judgment against you. You can ask the court to vacate (undo) the default judgment. If the judgment is vacated and the case is put back on the court's calendar and the case will continue.
When the plaintiff receives the copy of the motion you mailed to her, she can file an opposition with the court. You should receive her opposition in the mail. In the opposition, the plaintiff will explain to the judge why she believes the default judgment should not be set aside.
A party attempting to set aside a clerk's default must demonstrate excusable neglect, a meritorious defense, and due diligence in order for the trial court to vacate the default.
When the plaintiff receives the copy of the motion you mailed to her, she can file an opposition with the court. You should receive her opposition in the mail. In the opposition, the plaintiff will explain to the judge why she believes the default judgment should not be set aside.
To set aside a default judgment, the defendant must demonstrate that its failure to answer or otherwise appear and defend was due to excusable neglect under the circumstances and that it has a meritorious defense either to the cause of action itself or the quantum of damages assessed.
An entry of default against a defendant simply means that the Court notes on its records that the defendant failed to defend against the claim by filing an answer with the Court. An entry of default is not a final foreclosure judgment, nor does it give the Plaintiff the right to take and sell the defendant's home.
A person can ask the court to undo (or "set aside") a default or a final order. This motion usually must be filed within 6 months of when the default or order was entered.
