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MOTION TO SET ASIDE FORFEITURE UNDER 18 U.S.C. 983(e) 983(e), which allows a person entitled to notice of a forfeiture proceeding but did not receive such notice to petition the court to set aside the forfeiture.
What does motion to set aside dismissal mean?
A party files a Motion to Set Aside or Reconsider Dismissal of a Case to vacate the order that dismissed the debtor/case. Note: During the docketing process, the filer must relate the motion to the docket entry for the dismissal order.
What is the effect of set aside?
If a judge or court sets aside a previous decision or judgment, they state that it does not now have any legal effect, usually because they consider it to have been wrong: The Court of Appeal set aside his conviction.
What happens when a sentence is set aside?
Generally speaking, to vacate or set aside a conviction or sentence means nullifying the courts judgment on your case. In other words, when the court grants your petition to vacate a conviction, it will look as if your cases trial and judgment never occurred, but it does not mean your case is over.
What happens when a decision is set aside?
When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate . The phrase is often used in the context of appeals , when an appellate court invalidates the judgment of a lower court. For example, in Eckenrode v.
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What happens when a default judgement is set aside?
If the judge sets aside your default judgment, the case starts back up again. If you dont have a defense, the final result could ultimately be the same you could lose and have a judgment against you.
What does it mean when a decision is set aside?
When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate . The phrase is often used in the context of appeals , when an appellate court invalidates the judgment of a lower court.
What happens after a judgement is set aside?
If the judge grants your motion and sets aside the default judgment, any money taken from you should be returned (unless the judge orders something different). The case is not over though. Once the judgment is set aside, the case starts up again.
Related links
18 U.S. Code 983 - General rules for civil forfeiture
A motion filed under this subsection shall be the exclusive remedy for seeking to set aside a declaration of forfeiture under a civil forfeiture statute. (f)
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