Motion To Set Aside Judgment California With Vacate

State:
Multi-State
Control #:
US-01704BG
Format:
Word; 
Rich Text
Instant download

Description

The Motion to Set Aside Judgment California with Vacate is a legal form utilized to petition a court to overturn an entry of default and the resultant default judgment. This document is critical in situations where a defendant, due to excusable neglect or inadvertence, failed to respond to a complaint within the legal timeframe. Key features of the form include sections to specify the dates of the complaint filing, service of process, entry of default, and default judgment. It provides the defendant an opportunity to present a meritorious defense and requests the court to stay execution proceedings related to the judgment. Filling out the form involves providing accurate case details and signatures, and it must be served to the plaintiff’s attorney, ensuring legal compliance. This motion is especially useful for attorneys, paralegals, and legal assistants who are involved in civil litigation, allowing them to correct procedural mishaps and support clients in regaining their legal standing. Partners and owners may also find this form beneficial when managing legal risks and ensuring fair trial rights for defendants.
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FAQ

To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.

A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.

Section 663a - Motion to set aside and vacate judgment (a) A party intending to make a motion to set aside and vacate a judgment, as described in Section 663, shall file with the clerk and serve upon the adverse party a notice of his or her intention, designating the grounds upon which the motion will be made, and ...

Get the form SC-135: Notice of Motion to Vacate Judgment. You must explain on the form why you did not come to court. File the form with the Small Claims Court Clerk's Office at the court where your case was heard. Pay the filing fee.

You must file an appeal within 30 days from when the judge's decision (the Notice of Entry of Judgment (form SC-130 or SC-200)) was handed or mailed to you.

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Motion To Set Aside Judgment California With Vacate