Motion Vacate Judgement Within 30 Days
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FAQ
Get the form called Notice of Motion to Vacate Judgment from the small claims clerk. 2. Fill the form out and file it with the small claims clerk with a filing fee. You must do this within 30 days of the date of mailing that written on the Notice of Entry of Judgment you received from the court.
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.
You can ask the court to vacate (undo) the default judgment. If the judgment is vacated and the case is put back on the court's calendar and the case will continue. You still have to defend the case, but the other side no longer has a judgment against you.
If you find out that there is a default judgment against you, you can ask the court to set aside the noting in default and default judgment. If they do, you will get more time to file a Defence. To do this, fill out Form 15A ? Notice of Motion and Supporting Affidavit and file it with the court.
A vacated judgment (also known as vacatur relief) makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court.