This is a multi-state form covering the subject matter of: Motion for Allowance and
Prepayment of Expenses.
California Motion for Allowance and Prepayment of Expenses
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How to fill out Motion For Allowance And Prepayment Of Expenses?
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FAQ
If you were sued and lost because you did not appear in court, you can file an SC-135 Notice of Motion to Vacate Judgment. By filing this motion, you are asking the court to cancel the judgment entered against you and to give you a new trial.
On your Memorandum of Costs After Judgment (MC-012), you must include the exact amount of all allowable costs, the payments credited toward the principal and interest, and the amount of accrued interest. This means you are responsible for calculating these amounts.
The deadline is sooner if the court files show that you were served with a written notice of entry of that default judgment. In this case, you must file the request to set aside within 180 days from the date you were served that notice. Although you may have up to 2 years, you have to act within a reasonable time.
Section 473.5 - Notice or motion to set aside default or default judgment and leave to defend (a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice ...
Tells the court that you had the other party served legal papers by mail. Lists the papers that were served and tells when and where the papers were served, as well as who served them. Get form FL-335 Get instructions for form FL-335.
A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.
§ 473a (effec- tive until July 1, 1970) provides: "When from any cause the summons in an action has not been personally served on the defendant, the court may allow, on such terms as may be just, such defendant or his legal representatives, at any time within one year after the rendition of any judgment in such action, ...
Section 870 - Judgment binding and conclusive; time for filing notice of appeal (a) The judgment, if no appeal is taken, or if taken and the judgment is affirmed, shall, notwithstanding any other provision of law including, without limitation, Sections 473 and 473.5, thereupon become and thereafter be forever binding ...
