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New Mexico Motion to Set Aside Default Judgment

Default Judgment New Mexico

Name: New Mexico Motion to Set Aside Default Judgment
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.61 (208 reviews)

Category:

New Mexico Civil Procedure - Appeals - Judgments

State:

New Mexico

Control #:

NM-4-704

Format:

Instant download

Description

This official State of New Mexico Civil Form, a Motion to Set Aside Default Judgment, is a request by a party that a prior entry of a default judgment be set aside.

How to fill out New Mexico Motion To Set Aside Default Judgment?

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FAQ

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).

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.

Apply to get the judgment set aside You'll have to go to a private hearing at the court to explain why you do not owe the money. If you do not go to the hearing, your application will be rejected and you'll have to pay the amount in the judgment.

Fill out a Notice of Motion to Vacate Judgment and Declaration (Small Claims) (Form SC-135 ). File it with the small claims court clerk. Pay the filing fee. If you cannot afford the fee, ask for a fee waiver. The clerk will give you a date for your hearing.

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.

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.

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.

To get a judgment set aside, fill in the application notice (N244) and send it to the court. You may have to pay a court fee of £255. You'll have to go to a private hearing at the court to explain why you do not owe the money.

More info

NOTE: YOU MUST COMPLETE A SEPARATE MOTION FOR EACH CASE ID NUMBER. '. Completing the declaration.Explain in clear detail why you did not respond to the. (c) Setting Aside a Default or a Default Judgment. JDF 78 R8-17 MOTION AND ORDER TO SET ASIDE DEFAULT JUDGMENT. Get the form called Notice of Motion to Vacate Judgment from the small claims clerk. 2. When the motion is completed, the original and two copies shall be mailed to the Clerk of the Circuit Court from which to movant was sentenced. MOTION. 1. A default was entered against me on for failure to appear. 2. I ask the court to set aside the default judgment for a. I, defendant the plaintiff in this case, show the court that a default judgment was entered on .

Default Judgment New Mexico

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How to fill out New Mexico Motion To Set Aside Default Judgment?

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How long do you have to set aside a default Judgement?

Can a default judgment be appealed?

How do you set aside a Judgement?

How do you void a Judgement?

What happens after motion for default Judgement?

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