South Carolina Motion to Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ of Garnishment, and for Leave to File an Answer to Complaint

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Multi-State
Control #:
US-02686BG
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Word; 
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Description

In deciding whether to set aside a default judgment, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to defend on the merits. Therefore, in addition to the requirement that defendant show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:


" the nature and extent of the prejudice which may be suffered by the non-defaulting party if the default is set aside;

" the presence of material issues of fact;

" the presence of a meritorious defense to the claim;

" the significance of the interests at stake, including, but not limited to, the amount of money involved;

" whether the failure to answer was intentional or willful or the result of conscious indifference;

" whether party or counsel bears responsibility for default; and

" the availability of less drastic sanctions.

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FAQ

On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought is not reasonably accessible because of undue burden or cost.

Complete the Motion form. Explain the reason why you feel the judgment should be vacated. You may attach any supporting documents. NOTE: Now is not the time to explain your allegations or defenses of the case-only why the judgment should be vacated.

A magistrate's judgment is valid for three years, whereas a circuit court judgment is valid for ten years.

A vacated judgment (also known as vacatur relief) 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.

If you have won a civil lawsuit in South Carolina, your judgment will be valid for 10 years from the date the judgment is entered.

You must file the Motion to Vacate within 180 days of learning about the judgment against you. It is best practice to file as soon as possible after learning of the judgment. 1. Fill out a Notice of Motion to Vacate Judgment and Declaration (Form SC-135).

(4) If the subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, then before it is served on the person to whom it is directed, a copy of the subpoena must be served on each party in the manner prescribed by Rule 5(b) at least ...

LEGAL ANALYSIS (B) A civil action is commenced when the summons and complaint are filed with the clerk of court if actual service is accomplished within one hundred twenty days after filing.

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South Carolina Motion to Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ of Garnishment, and for Leave to File an Answer to Complaint