Motion Vacate Judgement With Set Aside
Description
How to fill out Motion To Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ Of Garnishment, And For Leave To File An Answer To Complaint?
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FAQ
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.
The movant on a motion to vacate a default must submit papers satisfying certain legal standards or else the motion will be denied. He/she will have to support the motion with an affidavit that references specifics, not vague generalities, as to a defense to the complaint.
Removing A Judgment from Your Record There are only three ways in which a judgment can be made to go away: paying the debt, vacating the judgment or discharging the debt through bankruptcy.
Once the judgment is set aside, the case starts up again. If you do not file an answer with the court to defend against plaintiff's complaint, you could again be defaulted and another default judgment could be entered against you.
Pursuant to California Code of Civil Procedure section 473, ?the court may, upon any terms as may be just, relieve a party?from a judgment.? An application to set aside a judgment under CCP 473 must be made within a ?reasonable time? and in no case may exceed six months.