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If you file a motion to vacate a default or a default judgment, you must file an answer to the original complaint along with any cross claims or counterclaims you may wish to assert, and the motion must be accompanied by the appropriate fee.
A Motion to Dismiss is typically filed either instead of an Answer to a Complaint or shortly after the Answer has been filed. A Motion to Dismiss focuses on the adequacy of the Complaint in connection with establishing a viable cause of action.
If you're asking for a court judgment, you need to write a Declaration that says who is who in the case, the legal reason you filed the lawsuit, what evidence you have that proves your case, and what interest, if any, the defendant owes you.
You must serve your adversary no later than 16 days before the specified return date on your notice of motion. [If you are filing a motion for summary judgment, you must file it not later than 28 days before the time specified for the return date].
Notice to Terminate the Lease A month-to-month tenant must give written notice of lease termination at least one full month prior to moving. Most yearly leases require a 60 to 90 day notice from the tenants in order to terminate the lease.
After a default judgment has been entered in the court record, the Office of the Special Civil Part will mail you a postcard that shows the date and amount of the judgment entered by the court against the defendant.
To set aside a default judgment, the defendant must demonstrate that its failure to answer or otherwise appear and defend was due to excusable neglect under the circumstances and that it has a meritorious defense either to the cause of action itself or the quantum of damages assessed.
In general, a motion for reconsideration is exactly what it sounds like; you file such a motion when you want the judge to take a second look at a decision you feel was incorrect. A motion for reconsideration will not, however, be granted simply because you disagree with the outcome.