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Unlawful detainer stay of execution due to hardship under ccp 918 in california

Motion to set aside default judgment california unlawful detainer 2025

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The document is a comprehensive guide on various legal motions and procedures related to civil law, specifically focusing on motions to set aside defaults, visitation petitions, discovery motions, and formatting rules for court documents. It includes specific examples of motions used in different contexts such as unlawful detainers, guardianship, family law, and civil collections. Additionally, it outlines the necessary legal codes and requirements for filing these motions in California courts.

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How do I remove a default Judgement?

Apply for Rescission of Judgment: This process involves convincing the court that there was a valid reason (such as not receiving the summons) and you only became aware later of the judgment and that you have valid grounds to defend the summons in order to set aside the judgment.

What happens after default judgment is set aside?

If the judge grants your motion and sets aside the default judgment, any money taken from you should be returned (unless the judge orders something different). The case is not over though. Once the judgment is set aside, the case starts up again.

How do I vacate a default judgement in California?

How do I file the motion? Get the form SC-135: Notice of Motion to Vacate Judgment. You must explain on the form why you did not come to court. File the form with the Small Claims Court Clerks Office at the court where your case was heard. Pay the filing fee.

How to vacate a default judgment in California?

How to ask to cancel the judges decision Fill out the Notice. Fill out a Notice of Motion to Vacate Judgment and Declaration (form SC-135) Make copies. Make 2 copies of the Notice. File the Notice and pay the filing fee. Give the original and the 2 copies to the court clerk. Go to your new court date.

How do I settle a default Judgement?

You can always call the firm that got the default judgment against you (should be on the complaint/summons/etc. and see if you can work out a settlement arrangement where you pay a portion of the balance over time and they sort of ``forgive the rest and file a release of judgment with the court.

motion to set aside default judgment unlawful detainer california

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What are the grounds to set aside default judgment in California?

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.

How to reverse a default judgment?

To ask the judge to set aside your default judgment, you must file a motion (a formal written request) with the court. The Self-Help Center has a form Motion to Set Aside Default Judgment that is available for free at the center or can be downloaded on your computer.

Motion to set aside default judgment california unlawful detainer 2025

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