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Motion to Set Aside Default Judgment: This is a request to set aside a Default Judgment that already has been entered by the Court. In order to set aside a Default Judgment, the Defendant must provide a good reason why he or she failed to Answer or appear at a hearing.
A judgment obtained through a common law action on a prior judgment or through any other means of revival of a prior judgment shall not be enforceable after fourteen years from the date of the original judgment upon which it is founded.
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.
The rule reads: Judgments in any court of record shall not be set aside for irregularity, on motion, unless such motion be made within three years after the rendi- tion thereof.
Final judgments and decrees, entered by district courts in all cases tried pursuant to the provisions of this section shall remain under the control of such courts for a period of thirty days after the entry thereof, and for such further time as may be necessary to enable the court to pass upon and dispose of any
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Rule 60(b) of the Federal Rules of Civil Procedure authorizes a court to relieve a party from a final judgment, order, or proceeding for various reasons, including mistake, inadvertence, surprise, or excusable neglect. Fed. R.
The process for setting aside default judgment You will need to make an application to the court regardless of whether consent is obtained, but seeking consent may mean that the claimant does not oppose the application, potentially reducing the costs of the application.
Under Rule 60(b)(1) of the North Carolina Rules of Civil Procedure, a judgment may be set aside when it is shown that the judgment from which relief is sought was the result of excusable neglect.

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