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The court require a strong case to be established before it will set aside a judgment on the grounds of fraud. As a rule, a judgment can only be set aside, if at all, against those who procured it by fraud. See Tiv v. Wombo (1996) 9 NWLR (Pt.
If it has been 30 days or less, you can get rid of ("vacate") a default judgment by filing a motion . This is a written request to the judge asking them to throw out the judgment. You will have to send a copy of the motion to the other party in the case, and then show up in court for a hearing .
ORCP 69 requires the court or clerk to enter an order of default on a showing by affidavit or declaration that a party against whom a judgment is sought has been served with Summons or is otherwise subject to the jurisdiction of the Court and has failed to plead or otherwise defend within the time set by law.
To remove a judgment from court records, you would have to pay in full as well. This would result in the case closing, and the courts would remove it.
Just as there are two ways for a creditor to get a judgment against you, there are two ways to have the judgment vacated. They are: Appeal the judgment and have the appeals court render the original judgment void; or. Ask the original court to vacate a default judgment so that you can fight the lawsuit.
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If you are asking to vacate the ruling due to the fact that the judgment has already been satisfied, released or discharged, you must file the motion within a reasonable amount of time. Once you are granted a motion to vacate, the case brought against you will start up again.
Within 30 days of the filing of the judgment, decree or appealable order, a party may file a motion asking the trial court to correct, open, modify or vacate its own decision pursuant to 12 O.S. §1031.
To ask the judge to set aside your default judgment, you must file a \u201cmotion\u201d (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.
Three Ways to Stop a Creditor from Filing for a Judgement against... Arrange a Repayment Plan. One option you have for stopping a judgement against you is to speak to the creditor before they file any court documents. ... Dispute the Debt. ... File for Bankruptcy.
If you received (were served) a copy of the judgment, you have up to one year from the date of the judgment to ask the court to vacate a judgment based on excusable default. If you never received (were served) a copy of the judgment, this one-year time limit does not apply to you.

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