Set Aside Form Without Hearing

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

Description

The Set Aside Form Without Hearing is a legal document designed for defendants seeking to reverse a default judgment entered against them without the need for a court hearing. This form allows the defendant to formally request the court to set aside the entry of default due to circumstances such as mistake, inadvertence, or excusable neglect that prevented them from responding to a complaint in a timely manner. Key features of the form include sections for detailing the relevant dates of the complaint, service of process, and the default judgment. Users must sign the form and provide a certificate of service to ensure that the plaintiff’s attorney is notified of the motion. Attorneys, partners, and legal assistants can use this form to assist clients who have missed deadlines and seek legal recourse to defend themselves. Paralegals and associates should pay attention to the requirements for filing the form and ensuring compliance with local procedural rules. This document also highlights the importance of preparing a merit-based defense, which can be included in the motion. Overall, the Set Aside Form Without Hearing serves as a vital tool for those navigating the complexities of default judgments in civil litigation.
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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

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

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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.

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.

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.

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.

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.

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Set Aside Form Without Hearing