Sample Motion To Vacate Order With Dismissal

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.

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  • 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?

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FAQ

Individuals file a motion to vacate for several reasons, including new evidence, improper procedures, or changes in circumstances. This motion aims to correct injustices that occurred in the original ruling. By utilizing a sample motion to vacate order with dismissal, people can structure their requests effectively and bolster their chances of success.

By filing the UCC financing statement, the lender is giving notice that it has an interest in the property listed in the filing. This means that if the debtor defaults on the loan, the creditor can potentially receive the personal property of the debtor that was put up as collateral.

The filing fee is $25. make checks payable to the Georgia Superior Court Clerks' Cooperative Authority.

An Example of a UCC Lien Filing If you secure equipment financing, the lender will file a UCC lien to state that if the debt for the espresso machine is not repaid, the lender has the right to repossess the espresso machine or seize other assets from your business.

A Uniform Commercial Code filing, also known as a UCC filing, is a document that lenders use to establish their legal right to assets that a borrower uses to secure a loan. This notice allows the lender to seize the borrower's collateral in the case of default.

Legal requirements for the UCC-1 In order for a UCC-1 to hold weight in a legal proceeding, it must include the exact legal name of the debtor, the collateral included in the lien and the name of the secured party.

UCC Filing in Georgia UCCs, fixtures, mortgages and deeds are all filed at the county. Instead of having the Secretary of State as its central filing office for UCCs, the state utilizes an outside vendor, the Georgia Superior Court Clerks' Cooperative Authority, also known as the Clerk's Authority or GSCCCA.

UCC1 and UCC2 statements are used to show that there is a lien on property. The UCC3 statement is used when there is a change in the UCC1, such as a release (cancellation), partial or complete assignment of lien, amendment or termination of the loan.

Fill in the debtor's name and mailing address. It may be an individual, or it may be in the name of a business or organization. If the loan is in the name of the business, include the business mailing address. There is space for additional debtors. Include them exactly as they appeared on the loan agreement.

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Sample Motion To Vacate Order With Dismissal