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Sample Motion To Set Aside Default Judgment With Motion To Dismiss

Category:
Civil Procedure - Default
State:
Multi-State
Control #:
US-01704BG
Format:
Word; 
Rich Text
Instant download
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Description

The Sample Motion to Set Aside Default Judgment with Motion to Dismiss is a formal request to a court to reverse a default judgment issued against a defendant. This motion outlines the reasons for the failure to respond to the initial complaint, citing excusable neglect, and seeks to ensure the defendant has a fair opportunity to present their defense. Key features include a clear structure detailing the dates of service, the entry of default, and the judgment. It also includes a certificate of service indicating that the motion has been properly communicated to the opposing counsel. Filling out this form requires attention to detail, especially in stating dates and the reasons for neglecting to respond. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in civil litigation where a defendant has missed responding to a lawsuit. It serves to safeguard the rights of defendants, ensuring they can contest allegations made against them despite previous judgments. Legal professionals can use this motion to assist clients in navigating legal proceedings more effectively, particularly in cases where there are valid justifications for prior inaction.
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  • Preview Motion to Set Aside Entry of Default and Default Judgment
  • Preview Motion to Set Aside Entry of Default and Default Judgment
  • Preview Motion to Set Aside Entry of Default and Default Judgment

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FAQ

After a default judgment, the Plaintiff will try to collect the money you owe. The Plaintiff may be able to take money from your paycheck or bank account and put a lien on your property.

Hear this out loud PauseExamples of mistake, inadvertence, surprise, or excusable neglect include: ? Illness of defendant. Attorney's abandonment of client. Fraud of the plaintiff. The following instructions and forms assume that you are a defendant who is filing a motion to vacate a default judgment.

Hear this out loud PauseWithin 180 days after entry of a default judgment if the Defendant received written notice of the default judgment (See California Code of Civil Procedure §473.5)

Hear this out loud PauseYou can ask to cancel, or ?set aside? a default judgment. You have to have a good reason for not responding in 30 days. If the judgment is canceled, you'll get a chance to answer.

Hear this out loud PauseTo have the default judgment set aside the defendant must show the court that: ????there is a good reason why they did not file a defence within 28 days. they have a bona fide (genuine) defence. they applied to set aside default judgment as soon as they became aware of it.

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Sample Motion To Set Aside Default Judgment With Motion To Dismiss
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