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At any time, the court shall set aside a judgment entered upon an initial failure to appear in response to the court's summons, if it appears that the defendant was not served as provided by law with a copy of the complaint and summons, or for any other reason where necessary to prevent a manifest injustice.
Once a debt buyer is armed with a default judgment they then have the power to garnish your wages or levy your bank account.
In Arizona, the court grants the application to set aside, the court will notify the department of public safety. The department of public safety will update the person's criminal history with an annotation that the conviction has been set aside but may not redact or remove any part of the person's record.
A motion to vacate must be filed within a reasonable time. For reasons (1) and (2), the motion must be filed no more than 6 months after the entry of the judgment or the date of the proceeding, whichever is later. The moving party must deliver a copy of the motion to the other party on the date of filing.
Rule 55 - Default; Default Judgment [Effective until January 1, 2024] (a)Entering a Default (1)Generally. If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided in these rules, default may be obtained under the procedures set forth in this rule.
The court must set aside a default judgment if you: have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment; sent back the acknowledgment of service form within the time limit; put in a defence within the time limit; or.