Civil Case Motion To Vacate
Description
How to fill out Motion For An Order Of Contempt For Violation Of Injunction?
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FAQ
O The court is more likely to grant your Motion to Vacate Default Judgment of Foreclosure if you file it no later than 30 days after the date the default judgment was entered against you.
In civil and criminal procedure: To set aside or annul a previous judgment or order.
If it has been 30 days or less, you can get rid of ("vacate") a default judgment by filing a motion. This is a written request to the judge asking them to throw out the judgment. You will have to send a copy of the motion to the other party in the case, and then show up in court for a hearing.
Get the form SC-135: Notice of Motion to Vacate Judgment. You must explain on the form why you did not come to court. File the form with the Small Claims Court Clerk's Office at the court where your case was heard. Pay the filing fee.
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.