Motion Vacate Judgment Form With Two Points

State:
Multi-State
Control #:
US-02686BG
Format:
Word; 
Rich Text
Instant download

Description

In deciding whether to set aside a default judgment, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to defend on the merits. Therefore, in addition to the requirement that defendant show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:


" the nature and extent of the prejudice which may be suffered by the non-defaulting party if the default is set aside;

" the presence of material issues of fact;

" the presence of a meritorious defense to the claim;

" the significance of the interests at stake, including, but not limited to, the amount of money involved;

" whether the failure to answer was intentional or willful or the result of conscious indifference;

" whether party or counsel bears responsibility for default; and

" the availability of less drastic sanctions.

Free preview
  • Preview Motion to Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ of Garnishment, and for Leave to File an Answer to Complaint
  • Preview Motion to Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ of Garnishment, and for Leave to File an Answer to Complaint
  • Preview Motion to Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ of Garnishment, and for Leave to File an Answer to Complaint

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?

It’s obvious that you can’t become a legal expert immediately, nor can you grasp how to quickly draft Motion Vacate Judgment Form With Two Points without having a specialized set of skills. Creating legal documents is a time-consuming venture requiring a particular training and skills. So why not leave the preparation of the Motion Vacate Judgment Form With Two Points to the professionals?

With US Legal Forms, one of the most comprehensive legal document libraries, you can find anything from court documents to templates for in-office communication. We know how crucial compliance and adherence to federal and state laws are. That’s why, on our platform, all forms are location specific and up to date.

Here’s how you can get started with our website and get the form you require in mere minutes:

  1. Find the document you need with the search bar at the top of the page.
  2. Preview it (if this option provided) and read the supporting description to figure out whether Motion Vacate Judgment Form With Two Points is what you’re looking for.
  3. Start your search again if you need any other template.
  4. Set up a free account and choose a subscription option to buy the form.
  5. Choose Buy now. Once the transaction is complete, you can get the Motion Vacate Judgment Form With Two Points, complete it, print it, and send or mail it to the necessary individuals or entities.

You can re-access your documents from the My Forms tab at any time. If you’re an existing customer, you can simply log in, and find and download the template from the same tab.

No matter the purpose of your paperwork-whether it’s financial and legal, or personal-our website has you covered. Try US Legal Forms now!

Form popularity

FAQ

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.

To set aside a default judgment, the defendant must demonstrate that its failure to answer or otherwise appear and defend was due to excusable neglect under the circumstances and that it has a meritorious defense either to the cause of action itself or the quantum of damages assessed.

You can file a motion to revise or vacate (cancel) the judgment in writing within 30 days after the date of the judgment. This motion is usually filed to correct clerical errors, or to vacate a judgment if you believe that you were not served with the court papers or were not notified of the court date.

*Examples of mistake, inadvertence, surprise, or excusable neglect may include: Illness of Defendant. Attorney's abandonment of client. Fraud by the Plaintiff.

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.

Trusted and secure by over 3 million people of the world’s leading companies

Motion Vacate Judgment Form With Two Points