Aside default judgment application 2026

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  1. Click ‘Get Form’ to open the aside default judgment application in the editor.
  2. Begin by filling in your personal information, including your name and address as either the Plaintiff/Petitioner or Defendant/Respondent. Ensure that you select the correct option to identify your role in the case.
  3. Enter the date when the judgment was entered against you. This is crucial for establishing the timeline of your case.
  4. In the provided space, explain why you did not file a written response or appear in court. Be clear and concise, as this will support your motion.
  5. Outline any facts that you believe can prove your case or establish a defense. This section is vital for justifying your request to set aside the default judgment.
  6. Acknowledge whether you are making changes to the original content of the form by checking the appropriate box.
  7. Sign and date the document at the bottom, affirming that all statements are true to the best of your knowledge.
  8. Complete the Certificate of Service section by indicating how you served a copy of this motion to other parties involved in your case.

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Defendants that consider default judgment has been entered wrongly against them or have failed to respond to the claim and now wish to defend the claim, must act promptly and apply to the court to set aside the default judgment.
A defendant can challenge the entry of default by filing a motion pursuant to Federal Rule of Civil Procedure 55(c), which allows the court to set it aside for good cause shown. Under certain circumstances, the court is required to do so.
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to set aside (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
Apply to get the judgment set aside 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 313. Youll have to go to a private hearing at the court to explain why you do not owe the money.
A judgment or order may be set aside if given, entered or made irregularly, illegally or against good faith: r 36.15(1). The focus of r 36.15(1) is on the judgment or order that is attacked and the question is whether it was given, entered or made irregularly, illegally or against good faith.

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Under CCP 473(b), the court may set aside a default and default judgment if the defendant asking for the set aside presents enough evidence to the court to demonstrate that the default was entered by inadvertence, mistake, surprise, or excusable neglect.

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