Example Of Motion To Vacate Judgement
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FAQ
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.
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.
If the Judge does vacate the judgment, the case will be scheduled for a new trial on the original claims of the parties just as if the default judgment never happened.
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.
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.
