Set Aside Form With 2 Points

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

Description

The Motion to Set Aside Entry of Default and Default Judgment is a legal form used to request the court to overturn a previously entered default judgment. This form is particularly useful for defendants who have missed responding to a lawsuit due to mistake, inadvertence, or excusable neglect, allowing them the opportunity to present a defense. Key features of the form include sections for the name of the defendant, court details, and specific dates relating to the complaint and judgment. Filling this form involves accurately providing required details such as case number, dates of service, and reasons for the default. The form also includes a certification of service to notify the plaintiff's attorney of the motion, ensuring compliance with legal procedures. This form is relevant for attorneys, paralegals, and legal assistants who need to assist clients in rectifying situations where a default judgment might unfairly disadvantage them. It is imperative to prepare the motion for a court hearing promptly, ensuring that all required information is complete and accurate to facilitate the court's consideration.
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FAQ

What to include in your set aside request Write that you are asking for a set aside under Family Code sections 3691(a) or (b) Explain why the law applies to your specific situation. You must show that had the judge considered your response or financial information that the order would have been different.

Cancelling a judgment or order or a step taken by a party in the proceedings.

If you are asking to set aside a default judgment or an order where you never filed a response, you should include a proposed response. If the judge decides to set aside the judgment or order, then the judge will order that your proposed response becomes the official response (it gets filed).

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.

When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate. The phrase is often used in the context of appeals, when an appellate court invalidates the judgment of a lower court.

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Set Aside Form With 2 Points