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If the judgment is set aside, you and the creditor are put back in the position you were both in immediately before the judgment. This means if you have an argument or 'defence' against the judgment which you didn't get a chance to raise when the claim was first issued, you have a second chance to do this.

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).

A simple default doesn't mean you legally owe a certain amount of money. A default judgment identifies the amount you owe the plaintiff. You don't want this to happen because a default judgment makes you a judgment debtor. Plaintiff may use all sorts of legal procedures to legally take your money and property.

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.

A judge can set aside a default judgment for the following reasons, among others: Mistake, inadvertence, surprise, or excusable neglect of the party who failed to defend himself in the case. Fraud, misrepresentation, or other misconduct by the party who filed the case.

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.

If you do not owe the money - cancel the judgment This is known as getting the judgment 'set aside'. You can do this if you did not receive, or did not respond to, the original claim from the court saying you owed the money.

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.

Montana Motion to Set Aside Default

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What is the difference between default and default judgment?

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On which grounds may the court set aside the entry of default?

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What does motion for entry of default judgment mean?

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