Motion For Default Judgment Form For Vacate
Description
How to fill out Motion To Set Aside Entry Of Default And Default Judgment?
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FAQ
If it has been 30 days or less, you can get rid of ("vacate") a default judgment by filing a motion. This is a written request to the judge asking them to throw out the judgment. You will have to send a copy of the motion to the other party in the case, and then show up in court for a hearing.
You must show two things: a good reason why you missed your court date or did not answer (reasonable excuse, see examples listed below); and. a good reason why the plaintiff should not win the case (good defense, see examples listed below).
Removing A Judgment from Your Record There are only three ways in which a judgment can be made to go away: paying the debt, vacating the judgment or discharging the debt through bankruptcy.
If you file a motion to vacate a default or a default judgment, you must file an answer to the original complaint along with any cross claims or counterclaims you may wish to assert, and the motion must be accompanied by the appropriate fee.
In a Nutshell But you can have this judgment vacated or removed. To do so, you need to have a reasonable excuse for not appearing in court and a defense to the allegations against you. You also have grounds to vacate if the person suing you didn't properly serve the required documents.