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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).

Accept the judgment. Settle the judgment for less. Challenge the judgment. Pursue debt relief.

To ask a court to set aside (cancel) a court order or judgment, you have to file a request for order to set aside, sometimes called a motion to set aside or motion to vacate. The terms set aside or vacate a court order basically mean to cancel or undo that order to start over on a particular issue.

A default judgment that does not dispose of all of the claims among all parties is not a final judgment unless the court directs entry of final judgment under Rule 54(b). Until final judgment is entered, Rule 54(b) allows revision of the default judgment at any time.

Call the clerk's office. Tell the clerk you want to schedule a hearing on a Motion to Set Aside Default Judgment. WARNING: You must sign the motion form under penalty of perjury. Be ready to explain to the judge why the default judgment should be set aside.

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 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.

Typically, a court's rules governing enforcement of default judgments include procedures for wage garnishments, attachment of bank accounts and seizure of assets. The plaintiff can usually pursue more than one of these enforcement mechanisms simultaneously.

Texas Order Setting Aside Dismissal

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How do you get a default Judgement removed?

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What is a Set Aside Order?

Is a default judgment final?

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