What happens after the judgment has been set aside?

Once the judgment is set aside, the case starts up again. If you do not file an answer with the court to defend against plaintiff's complaint, you could again be defaulted and another default judgment could be entered against you.

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Motion to Set Aside Entry of Default and Default Judgment

Virginia Motion to Set Aside Entry of Default and Default Judgment

Category:

Civil Procedure - Default

State:

Multi-State

Control #:

US-01704BG

Format:

Instant download

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;
2.the presence of material issues of fact;
3.the presence of a meritorious defense to the claim;
4.the significance of the interests at stake, including, but not limited to, the amount of money involved;
5.whether the failure to answer was intentional or willful or the result of conscious indifference;
6.whether party or counsel bears responsibility for default; and the availability of less drastic sanctions.

Virginia Stipulation for Setting Aside Default Judgment and Permitting Answer

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Virginia Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect

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Virginia Entry of Default - B 260

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Virginia Instructions for Entry of Default

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Virginia Motion for Default for Failure to Plead and Answer

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How to fill out Motion To Set Aside Entry Of Default And Default Judgment?

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FAQ

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.

Removing A Judgment from Your Record There are only three ways in which a judgment can be made to go away: paying the debt, vacating the judgment or discharging the debt through bankruptcy.

An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.

After Losing a Judgment If a judgment has been entered against you, there are a few options available to you. These include paying the judgment, appealing the case, or filing a motion to rehear. If you fail to act, a number of other actions initiated by the Judgment Creditor may occur.

Judgment is a void judgment if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process, Fed.

Once the judgment is set aside, the case starts up again. If you do not file an answer with the court to defend against plaintiff's complaint, you could again be defaulted and another default judgment could be entered against you.

Default. (1) Except in suits for divorce or annulling a marriage, the court will, on motion of the plaintiff, enter judgment for the relief appearing to the court to be due.