Affidavit in Support of Motion for Writ of Error Coram Nobis Regarding Default and Default Judgment Taken Against Defendant who did not Appear and was not Served
About this form
The Affidavit in Support of Motion for Writ of Error Coram Nobis is a legal document used when a party seeks to vacate or correct a default judgment based on errors of fact. This form is specifically for instances where the defendant was not served and did not appear in court. Unlike other motions for relief, this affidavit addresses specific factual errors that were unknown at the time of the original trial, thereby providing a path to rectify the situation directly within the same court.
Main sections of this form
- Petitioner's information: Identifies the party filing the affidavit.
- Respondent's details: Names the opposing party involved in the case.
- Default and judgment dates: Records when the default and judgment were entered against the defendant.
- Proof of service documentation: Includes any declarations or affidavits detailing the supposed service of the complaint.
- Discovery statement: Explains when and how the petitioner became aware of the judgment.
- Affiant's signature: Confirms that the individual providing the affidavit is sworn in before a notary public.
State-specific compliance details
This is a general form suitable for multiple states. Review and modify it as needed to reflect your jurisdiction’s rules.
When to use this form
This form is used when a defendant believes that a default judgment has been entered against them without proper notice or service. It is applicable in cases where significant errors regarding the facts of the case have occurred, which could have changed the outcome had they been known at the time of the trial. If the defendant was unaware of the lawsuit or did not receive proper service documents, this affidavit serves to request a review of the judgment.
Who can use this document
- Defendants who have had a default judgment entered against them.
- Individuals who were not properly served with court documents.
- Parties who have discovered factual errors related to their case after the judgment was rendered.
Steps to complete this form
- Identify the parties involved, including the affiant and respondent.
- Enter the relevant dates when default judgment was entered.
- Document the proof of service and any affidavits relating to service.
- Describe when and how you discovered the judgment against you.
- Sign the affidavit in the presence of a notary public.
Is notarization required?
Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
Avoid these common issues
- Failing to provide accurate dates for the judgment and service.
- Not properly notarizing the affidavit, rendering it invalid.
- Omitting crucial details about the circumstances of the case.
Benefits of using this form online
- Convenient access to legal documents at any time.
- Easy editing to tailor the affidavit to your specific case.
- Reliable templates created by licensed attorneys.
Form popularity
FAQ
The writ of coram nobis (also known as writ of error coram nobis, writ of coram vobis, or writ of error coram vobis) is a legal order allowing a court to correct its original judgment upon discovery of a fundamental error that did not appear in the records of the original judgment's proceedings and would have prevented
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.
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.
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).
Yes. Judges can vacate other judges' orders. It happens all the time.
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.
A writ emanating from an appellate court, demanding that a lower court convey the record of a case to the appellate court so that the record may be reviewed for alleged errors of law committed during a juridical proceeding.
A Motion to Vacate is a request to the court to withdraw a previous order or judgment it entered.An appeal is a request to a higher court to change the decision made by a lower court. A Motion to Vacate asks the same court to withdraw its decision. A Motion to Vacate is rarely granted.
