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MOTION TO SET ASIDE DEFAULT JUDGMENT - allencounty us

MOTION TO SET ASIDE DEFAULT JUDGMENT - allencounty us 2025

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The document is a legal form from the Allen Superior Court in Indiana, specifically for a motion to set aside a default judgment in a small claims case. It requires the defendant or plaintiff to provide reasons for not appearing in court and to state their defense against the opposing party's claim. The form includes sections for personal information and scheduling a hearing.

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Click ‘Get Form’ to open the MOTION TO SET ASIDE DEFAULT JUDGMENT in the editor.
In the first section, clearly state your reason(s) for not appearing in court on the day the default judgment was given. Be concise and honest, as this will form the basis of your request.
Next, briefly outline your defense and explain why you believe the other party’s claim is incorrect. This is crucial for establishing your position.
Indicate your role by marking one of the options provided: Defendant, Plaintiff, or Other. Ensure you sign and print your name clearly in the designated areas.
Fill in your street address, city, state, and zip code accurately to ensure proper communication regarding your motion.
Finally, specify the date and time for the hearing as indicated at the bottom of the form. Make sure this aligns with court schedules.

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What are the reasons to set aside 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.

How to beat a default judgement?

To stop the entry of a default or default judgment before it is entered, one generally has to file something in court. This can be an Answer, a Motion to Extend Time, a Motion to Quash Service of Process, or perhaps others. A motion will likely interrupt entry of a default, but a motion is merely a request.

What defenses can be used against a default judgment?

A judge can set aside a default judgment for the following reasons, among others: Mistake, inadvertence, surprise, or excusable neglect of the party who failed to defend himself in the case. Fraud, misrepresentation, or other misconduct by the party who filed the case.

What does motion to set aside default judgment mean?

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.

Is there a time limit for setting aside default Judgement?

The court must set aside the judgment in these circumstances, even if you do not have a defence. There is no time limit for making an application on these grounds.

How do you set aside a default Judgement in Indiana?

You can file a written motion with the court (form available) to Set Aside a Default Judgment. It must show two things (a) the judgment should not have been entered because the defendant did not receive notice of the hearing or some other good reason; and (b) The defendant has a good faith defense.

What is a good reason to set aside a default judgement?

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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MOTION TO SET ASIDE DEFAULT JUDGMENT - allencounty us 2025

Here's how it works

How to use or fill out MOTION TO SET ASIDE DEFAULT JUDGMENT - allencounty us with our platform

See more MOTION TO SET ASIDE DEFAULT JUDGMENT - allencounty us versions

Complete this form in 5 minutes or less

Got questions?

What are the reasons to set aside judgment?

How to beat a default judgement?

What defenses can be used against a default judgment?

What does motion to set aside default judgment mean?

Is there a time limit for setting aside default Judgement?

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