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MOTION TO SET ASIDE FORFEITURE UNDER 18 U.S.C. 983(e) 983(e), which allows a person entitled to notice of a forfeiture proceeding but did not receive such notice to petition the court to set aside the forfeiture.
What does it mean when a motion is set aside?
A set aside in simple terms means that a court vacates or voids a prior order, as if the order never existed. Before a court will set aside a judgment or order, there must be a clear statutory basis for the set aside, and facts that warrant the order vacated.
What does it mean when an order is set aside?
What does Set aside mean? Cancelling a judgment or order or a step taken by a party in the proceedings. Speed up all aspects of your legal work with tools that help you to work faster and smarter.
What does set aside mean in a court case?
When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate . The phrase is often used in the context of appeals , when an appellate court invalidates the judgment of a lower court.
What does it mean if a decision is set aside?
If the judgment is set aside by the court, this means that the proceedings go back to the claim stage and any enforcement action is also cancelled. You have a new opportunity to fill in the reply to the claim form, make an offer of payment or put in any defence or counterclaim.
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Once the judgment is set aside, the case starts up again. If you do not file an answer with the court to defend against plaintiffs complaint, you could again be defaulted and another default judgment could be entered against you.
Related links
Rule 60. Relief from a Judgment or Order - Cornell Law School
A motion under Rule 60(b) must be made within a reasonable timeand for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order
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