Alaska Motion to Set Aside Judgment of Forfeiture

State:
Alaska
Control #:
AK-CR-366
Format:
PDF
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Description

This official form is a motion to set aside judgment of forfeiture.

Alaska Motion to Set Aside Judgment of Forfeiture is the legal process of requesting a court to review a judgment of forfeiture and reverse or modify that judgment. This motion is typically used when the defendant believes the court incorrectly found them liable for a forfeiture, or believes the court's judgment was based on incorrect or incomplete information. In Alaska, there are two types of Motion to Set Aside Judgment of Forfeiture: 1) Motion to Vacate Judgment of Forfeiture and 2) Motion to Modify Judgment of Forfeiture. A Motion to Vacate Judgment of Forfeiture is used to ask the court to reverse the original judgment of forfeiture entirely and a Motion to Modify Judgment of Forfeiture is used to ask the court to modify the original judgment of forfeiture. Both motions require the defendant to provide evidence and/or argument in support of their request. The court will then review the evidence and arguments and decide whether to grant or deny the motion.

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When a motion for judgment on the bond forfeiture against the obligor is not filed prior to the entry of judgment on the criminal case, the order of forfeiture shall be deemed set aside, and any bond monies shall be released to the obligor after payment of fines and costs. The forfeited surety bond has not been fully paid and defendant was apprehended within 56 days of the entry of the forfeiture judgment. 4. a.(4) The defendant has been served with an Order for Arrest for the Failure to. Therefore, it is ORDERED that: The above Motion is allowed and the forfeiture is set aside. {Forfeiture to Judgment}. Petition to Strike and Judgment set aside from appellant was granted and the original bail was reinstated on March 16, 2016? IT IS ORDERED that the motion to set aside the judgment of forfeiture is: DENIED. The judgment remains in full force and effect. On July 12, 2007, Ace filed a "Motion to Set Aside. Judgment and Order of Bond Forfeiture and Stay of Enforcement of.

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Alaska Motion to Set Aside Judgment of Forfeiture