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What is a motion to vacate default?

If the defendant has a valid reason for not responding, such as never being notified, they may file a motion asking the judge to set aside the default judgment. This is also called a motion for relief from default or a motion to vacate judgment.

Is it hard to reverse a default judgement?

Most Courts, including California, put strict time limits on when that motion may be filed (six months from entry of default in California though this time limit may be altered based on various factors) and the longer the period of time from entry of default, the harder it is to have the Court remove it.

What are the reasons for motion to vacate?

Motion To Vacate Under PC 1018 You were unaware of the consequences of your plea. You didnt have an attorney when you made the plea. Your trial lawyer was incompetent. Someone coerced you into entering your plea.

What does motion to release judgement mean?

A release of judgment is an important form to have because it shows you have met all legal obligations to pay your debt. Getting a release of judgment means that creditors cannot try to renew the judgment and get more money from you.

What happens in a motion to vacate?

An appeal asks a higher court to change the decision made by a lower court. A Motion to Vacate asks the same court to cancel its decision, as if the case never happened.