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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.
Custody Petition, (Form 580, Parent or Non-Parent) (Visitation Petition) (Form 585), is simply a sworn request of the Hamilton County Juvenile Court to grant temporary legal custody or parenting rights to the petitioner. Motions are applicable when a modification action is filed on an existing case.
If you do not owe the money, you can ask the court to cancel the county court judgment ( CCJ ) or high court judgment. This is known as getting the judgment set aside. You can also do this if you did not receive, or did not respond to, the original claim from the court saying you owed the money.
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.
Writs of possession may not be issued until the eleventh day from the judgment date. When a plaintiff is given a judgment for possession of the property on a detainer warrant, it is the plaintiffs responsibility to request the writ of possession. Arrangements for service are made through the Sheriffs Department.

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Basic information about Small Claims is available on the Small Claims automated phone line at 946-5700. You may also access small claim information and forms through the Clerk of Courts Internet address at .courtclerk.org. There is also an interactive small claim form that may be filled out on the computer.
Yes, you can apply to have a default judgment set aside, but you will need to meet three main criteria. You will need to have an explanation for not filing a defence in time, be able to provide evidence as to a natural defence to the claim and have not delayed in making your application to have the judgment set aside.
Tips for Setting Aside a Default Judgment You should make the application as early as possible. The court will consider whether you acted promptly, and doing so could support your case. Gather your evidence. Carefully prepare your arguments and supporting evidence for the default judgment hearing.

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