This form is a sample letter in Word format covering the subject matter of the title of the form.
Letter Requesting Motion To Vacate Order Of Default With Student Loans In Middlesex
Category:
State:
Multi-State
County:
Middlesex
Control #:
US-0020LTR
Format:
Word;
Rich Text
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FAQ
A 609 letter is a tool you can use to request information about items on your credit report or to challenge incorrect entries. It's named after Section 609 of the Fair Credit Reporting Act (FCRA), a federal law that protects consumers from unfair credit reporting practices.
Your letter should identify each item you dispute, state the facts, explain why you dispute the information, and ask that the business that supplied the information take action to have it removed or corrected. You may want to enclose a copy of your report with the item(s) in question circled.
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.
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 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.
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.
You may get a default notice or 'notice of default' if you miss or do not make agreed payments. This is recorded in your credit file and can affect your credit rating. An account defaults when you break the terms of your agreement.