Withdraw Motion For Default Judgment

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

Description

The Withdraw Motion for Default Judgment form allows defendants to request that a court set aside a previously entered default judgment. This legal document is utilized when a defendant, through mistake or neglect, fails to respond to a complaint, leading to an entry of default against them. Key features of the form include spaces for the court's name, case number, and essential dates concerning the filing of the complaint, service of process, and the entry of default. It also requires the defendant to outline any meritorious defenses they may have against the plaintiff's claims. Completing the form involves providing accurate information, signing, and certifying service to the plaintiff's attorney. Specific use cases include situations where defendants were unaware of the proceedings or encountered legitimate reasons for missing the initial deadlines. This form is especially relevant for attorneys, partners, owners, associates, paralegals, and legal assistants, as it provides a structured way to address defaults while ensuring defendants retain their right to contest the case. By following the instructions, legal professionals can assist clients in navigating procedural hurdles effectively.
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How to fill out Motion To Set Aside Entry Of Default And Default Judgment?

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FAQ

If you file a motion to vacate a default or a default judgment, you must file an answer to the original complaint along with any cross claims or counterclaims you may wish to assert, and the motion must be accompanied by the appropriate fee.

(a) A petition for relief from a judgment of non pros or by default entered pursuant to Rule 237.1 shall have attached thereto a copy of the complaint, preliminary objections, and/or answer which the petitioner seeks leave to file. All grounds for relief shall be raised in a single petition.

You 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.

Default Judgments are entered even if you have a perfect defense but fail to act. Once a Default Judgment is entered creditors can collect on their debt immediately by Wage Garnishment, Attachments or Judgment Liens.

(a) Any judgment rendered or decree passed upon a default or nonsuit in the Superior Court may be set aside, within four months following the date on which it was rendered or passed, and the case reinstated on the docket, on such terms in respect to costs as the court deems reasonable, upon the complaint or written ...

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Withdraw Motion For Default Judgment