Letter Requesting Motion To Vacate Order Of Default With Student Loans In New York
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To vacate a default, your motion papers must show a good reason or excuse for your default and that your claims or defenses have legal merit. Whenever a motion is to be brought, the person filing the motion is called the moving party or the movant.
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
To stop the entry of a default or default judgment before it is entered, one generally has to file something in court. This can be an Answer, a Motion to Extend Time, a Motion to Quash Service of Process, or perhaps others. A motion will likely interrupt entry of a default, but a motion is merely a request.
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.
Filing a Motion: Submit a formal motion to the court requesting that the default be overturned. Providing a Reason: Explain why you failed to respond and provide evidence supporting your claim. Demonstrating a Defense: Show that you have a valid defense to the plaintiff's claims.
Default Judgments If the defendant/respondent does not answer in time or make a motion, the plaintiff (or petitioner) can ask the court for a default judgment. A default judgment can give the plaintiff what they want because the defendant failed to respond or tell their side of the story.
Most Courts, including California, put strict time limits on when that motion may be filed (six months from entry of default in California though this time limit may be altered based on various factors) and the longer the period of time from entry of default, the harder it is to have the Court remove it.
To vacate a default judgment you should fill out an Order to Show Cause. An Order to Show Cause is a legal paper, signed by the judge, that orders the other side to appear in court and "show cause," that is, give a good reason, why the judgment should not be vacated.
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.
