An Order is an official written statement from the court commanding a certain action, and is signed by the judge. Failure to comply with the order is unlawful and may result in contempt of court charges. This document, a sample Order to Set Aside Attachment, to Substitute Undertaking, Etc., can be used as a model to draft an order requested for submission by the court (the court often directs a party to draft an order). Adapt the language to the facts and circumstances of your case. USLF control no. CA-AT-175
Long Beach California Order to Set Aside Attachment, to Substitute Undertaking, Etc.
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California
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Long Beach
Control #:
CA-AT-175
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How to fill out California Order To Set Aside Attachment, To Substitute Undertaking, Etc.?
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FAQ
If you are asking to set aside a default judgment, attach a Response form for the type of case you have. This is the Response you would have filed had you acted in time and not defaulted. If you win your request for order to set aside the default, the judge will file this as your official legal Response.
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.
The criteria for this are as follows: The defendant has a real prospect of successfully defending the claim, or. It appears to the court that there is some other good reason why the judgment should be set aside or varied; or the defendant should be allowed to defend the claim.
You must apply to the High Court district registry if you want to set aside the judgement. If successful, the enforcement action will stop, and you won't have to pay the bailiff fees. If you want to know how to get a high court writ set aside look no further.
Cancelling a judgment, order or a step taken by a party in proceedings.
This provides that the court may set aside or vary a judgment or order after judgment is entered if the judgment or order has been given or made in the absence of a party, whether or not the absent party had notice of the relevant hearing or of the application for the judgment or order.
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.
In California, the entry of default is not automatic. To get the entry of default, the plaintiff must file an application for default judgment with the court clerk. Under certain circumstances, a Code of Civil Procedure section 425.11 statement of damages and a proof of service attached.
To ask the judge to set aside (cancel) the default judgment or other order against you, you will have to ask for a court hearing. To ask for a court hearing, complete paperwork and file specific forms with the court (see below for how to complete your request).
You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.