Letter Requesting Motion To Vacate Order Of Default With Student Loans In Kings
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For that purpose the judgment debtor should approach the plaintiff/judgment creditor or his/her/its attorney to obtain the written consent to rescission of judgment. There is however no requirement in law that obliges a plaintiff/judgment creditor to give a consent to rescission of judgment.
After the court enters a default or a default judgment against you, you can't take any action in a case until you have it set aside.
If default judgment has been entered incorrectly then the court will set it aside, although an application will usually need to be made.
A defendant who has a default judgment against them can apply to the court that issued the judgment to set it aside. If the court sets aside the judgment, it is as though the order was never made. The court still needs to deal with the claim.
An appeal asks a higher court to change the decision made by a lower court. A Motion to Vacate asks the same court to cancel its decision, as if the case never happened.
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.
