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New York Order On Motion To Vacate For Lack of Service
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NY-4-26
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FAQ
In order to vacate a judgment in California, You must file a motion with the court asking the judge to vacate or set aside the judgment. Among other things, you must tell the judge why you did not respond to the lawsuit (this can be done by written declaration).You may even be able to win the case.
G-C, THE Court held that;it is not the law that a Court cannot, in certain circumstances set aside its own Judgment.The Court in its inherent jurisdiction has the power to set aside its own Judgment or Order made without jurisdiction or if same has been fraudulently obtained.
From Wikipedia, the free encyclopedia. A vacated judgment makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions.
In order to vacate, set aside, or remove a default judgment in New York, you must make a motion to the court in which the judgment was entered. The motion will contain a specific request for the court to vacate the judgment and return monies taken to satisfy 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.