Set Aside Form With Someone

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

Description

In deciding whether to set aside a default judgment, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to defend on the merits. Therefore, in addition to the requirement that defendant show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:


the nature and extent of the prejudice which may be suffered by the non-defaulting party if the default is set aside;
2. the presence of material issues of fact;
3. the presence of a meritorious defense to the claim;
4. the significance of the interests at stake, including, but not limited to, the amount of money involved;
5. whether the failure to answer was intentional or willful or the result of conscious indifference;
6. whether party or counsel bears responsibility for default; and the availability of less drastic sanctions.

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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

How to fill out Motion To Set Aside Entry Of Default And Default Judgment?

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FAQ

Applying to get your criminal conviction set aside can take about six months or more. This includes gathering your records, having a hearing, and having your conviction set aside.

How to Apply to Set Aside an Adult Misdemeanor and/or Felony Conviction Step 1: Complete and sign your application. ... Step 2: Get your certified record of conviction. ... Step 3: Get fingerprinted. ... Step 4: File your application with the court clerk. ... Step 5: Schedule your hearing. ... Step 6: Serve your application.

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.

First, a motion must be filed with the court requesting the set aside. It could take several weeks to complete the petition and gather the required documentation to submit to the court. After filing a motion for expungement, it could take three or more months for the court to rule on the motion.

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.

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Set Aside Form With Someone