Mississippi Order Denying Motion to Set Aside Default Judgment
Understanding this form
The Order Denying Motion to Set Aside Default Judgment is a legal document issued by a court. It officially denies a defendant's request to set aside a default judgment against them, affirming the validity of that judgment. This form stands distinct from other motions because it specifically addresses a court's decision regarding a default judgment and serves to ensure that the original judgment remains in force.
Main sections of this form
- Case title, including plaintiff and defendant names.
- Civil action number for case identification.
- The statement of the motion being considered by the court.
- Date of the original default judgment.
- Judicial findings and court's reasoning for denying the motion.
- Date of the order issuance and signature of the Circuit Court Judge.
When this form is needed
This form is used when a defendant seeks to contest a default judgment that has been entered against them in a civil case. If a defendant fails to respond to a lawsuit and a default judgment is entered, they may file this motion to request that the court set aside that judgment. If the court denies this request, the defendant will need to use the Order Denying Motion to Set Aside Default Judgment to formally record this decision.
Who this form is for
- Defendants who have received a default judgment against them.
- Parties looking to formally challenge a default judgment in a civil case.
- Individuals seeking to maintain their legal rights following a court ruling.
Instructions for completing this form
- Enter the names of the plaintiff and defendant at the top of the form.
- Fill in the civil action number associated with the case.
- Specify the date when the default judgment was entered.
- Document the date on which the order is being issued.
- Ensure the Circuit Court Judge signs and dates the order at the bottom.
Notarization requirements for this form
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
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Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Avoid these common issues
- Failing to provide accurate case information, such as names or action number.
- Omitting the date of the default judgment.
- Not obtaining the judge's signature before filing the document in court.
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FAQ
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to set aside (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
You cannot appeal this kind of judgment and have a new trial until you vacate the default judgment, that is, until you have the judgment removed or erased. To vacate a default judgment, do the following:Get the form called Notice of Motion to Vacate Judgment from the small claims clerk.
What happens next? When you file your Motion and Affidavit to Set Aside Default, you will get a hearing date and time from the court clerk. At the hearing, the judge will grant or deny the motion. If the judge grants your motion, the default or default judgment will be set aside, and the case will move forward.
After you notify the defendant of the judgment, you can begin to enforce the judgment. Your judgment might be for money, repossession, eviction, foreclosure, or any number of things. In any case, your rights at this point would be the same as if you had gone to trial and won.
A default judgment means that the court has decided that you owe money. This a result of the person suing you in small claims court and you failed to appear at the hearing.
If a notice of motion for setting aside or variation of a judgment or order is filed within 14 days after the judgment or order is entered, the court may set aside or vary the judgment or order under r 36.16(1) as if the judgment or order had not been entered: r 36.16(3A).
First, you can ask the court to set aside the default judgment and give you an opportunity to contest it. Next, you can settle the debt with the debt buyer for an amount less than what the default judgment is for. And finally you can eliminate the default judgment completely by filing for bankruptcy.
Typically, a court's rules governing enforcement of default judgments include procedures for wage garnishments, attachment of bank accounts and seizure of assets. The plaintiff can usually pursue more than one of these enforcement mechanisms simultaneously.
