Motion Vacate Judgment Dismiss Foreclosure
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
Among other requested forms of relief the Order of Reference (aka OOR or OREF) formally asks the Court to appoint a Referee to determine the amount due on the mortgaged premises. The Referee will report these findings in what is commonly known as the Referee's Oath and Report.
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.
In Texas, this must be filed within 14 days of the judgment. Essentially, in a motion to vacate, you would be giving the Court a reason to set aside the judgment and keep the lawsuit active. If the Court thinks the reason you have given is a good one, the judgment will be vacated.
What is an Order of Default? An order of default is a court order saying that one party (usually the plaintiff) has won the case, and the defendant has lost, because the defendant did not participate in the case. The order of default does not settle the issue of how much money is owed.
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.