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Steps to File a Request to Set Aside (Cancel) an Order 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).
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.
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. 2. Fill out the Motion form.
Generally, a default allows you to obtain an earlier final hearing to finish your case. Once the default is signed by the clerk, you can request a trial or final hearing in your case.
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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.
What is a set aside application? A defendant who has a default judgment against them can apply to the court that issued the judgment to set it aside. If the court sets aside the judgment, it is as though the order was never made. The court still needs to deal with the claim.
The motion must include an affidavit of the party in default (i) stating facts showing that the party in default has a good defense to the allegations in the pleading, and (ii) showing good cause as to why the party in default failed to appear in court or to file an answer to the pleading.
SET ASIDE DEFAULT: A defendant can petition the Court to set aside the default. This is a noticed motion before the Court seeking to ask the Court to remove the default and allow the defendant to answer the pleading as if no default was ever taken. Plaintiff will appear to contest that motion usually.
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.

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