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A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.
Section 473 - Mistake, inadvertence, surprise or excusable neglect (a) (1) The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in ...
Examples 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.
Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.
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.