How to file a motion to set aside a default judgment 2012 form-2025

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File your Motion and the copies with the court clerks office in the court where your case was heard. File a copy of the proposed order with your Motion. Contact your court to find out which filing methods are available. Depending on your court, you may be able to file electronically.
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.
The court must set aside a default judgment if you: have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment; sent back the acknowledgment of service form within the time limit; put in a defence within the time limit; or.
Yes. A defendant can challenge a default judgment by: Highlighting Improper Service: If the defendant wasnt adequately notified of the legal action, they might contest the judgment.
You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.
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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.

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