Stipulation for Setting Aside Default Judgment and Permitting Answer
What is this form?
The Stipulation for Setting Aside Default Judgment and Permitting Answer is a legal document that helps parties in a lawsuit to agree on reopening a default judgment. This form allows a defendant to respond to a complaint for the first time after a default judgment has been rendered against them. It is primarily used when both parties wish to rectify a situation where a judgment was entered due to the defendant's failure to respond to the lawsuit.
Main sections of this form
- Parties involved: Names of the plaintiff and defendant
- Case number: Unique identifier for the court case
- Stipulation clauses: Agreements to vacate the default judgment and allow the defendant to answer
- Signature lines: Spaces for both parties and their attorneys to sign and date
Situations where this form applies
This form is useful in scenarios where a defendant has missed a court deadline and a default judgment has been issued against them. If both parties agree that the default should be overturned to allow the defendant to present their case, they can use this stipulation to formally request that the court vacates the judgment.
Who needs this form
- Defendants who have received a default judgment and wish to respond to the complaint.
- Plaintiffs looking to resolve issues amicably and allow the defendant to present their defense.
- Attorneys representing either party in the scope of litigation related to the default judgment.
How to complete this form
- Identify the parties involved by entering the names of the plaintiff and defendant.
- Fill in the case number that corresponds to the original lawsuit.
- Include the stipulation details outlining the agreement to vacate the default judgment.
- Have both parties and their attorneys sign and date the document.
- Submit the completed form to the court for approval and further action.
Notarization requirements for this form
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
Common mistakes to avoid
- Forgetting to include the case number, which is essential for court processing.
- Neglecting to sign the form, which invalidates the agreement.
- Failing to clearly articulate the stipulation terms, leading to potential misunderstandings.
Benefits of using this form online
- Convenience of downloading and completing the form at your own pace.
- Access to templates prepared by licensed attorneys, ensuring legal accuracy.
- Editable format allows you to easily customize the form for your specific case.
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FAQ
A default judgment means that the court has decided that you owe money. This a result of the person suing you in small claims court and you failed to appear at the hearing.
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.
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).
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.
Accept the judgment. Settle the judgment for less. Challenge the judgment. Pursue debt relief.
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.
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.
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.
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.
