Get Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action

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IN THE ___COURT OF ___ (County), ___ (State)___ (Name of Plaintiff)PLAINTIFFV.CAUSE NO. ___,______ (Name of Defendant)DEFENDANTMotion to Set Aside Judgment of Dismissal and Reinstate Cause of ActionComes
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FAQ

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.

A default can be set aside any time before a default judgment is entered. You have 21 days from when the default judgment was entered to request it be set aside so you can defend the case.

A default can be set aside any time before a default judgment is entered. You have 21 days from when the default judgment was entered to request it be set aside so you can defend the case.

Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. ... A party can have a default judgment vacated, or set aside, by filing a motion, after the judgment is entered, by showing of a proper excuse.

When a judgment is entered due to default and it is not reversed on request of the defendant, it is considered a final judgment. In many circumstances, a default judgment is not automatically entered, though the plaintiff may file a motion for default judgment.

Filing a motion to set aside a default judgment gives a defendant another chance to fix a mistake and move a case forward. But this does not mean the defendant necessarily wins. All this motion does is set back the clock. Think of this motion as a way to get the judge to review the case on instant replay.

To set aside a case means that the original judgment is changed in some way. After a trial or other determination, a party can ask the court (called a “motion,” or “petition the court”) to change the result. ... It can be dismissed before a trial, during a trial, or at the conclusion.

Make several copies of your motion. You should make one copy for your own records. ... Set a hearing date. Each court sets hearing dates somewhat differently. ... Send notice to the other side. Serve notice using the method stated in your certificate of service. ... File the motion with the clerk.

To avoid a default judgment, one m ust file an answer to the lawsuit by 10 a.m. on the Monday following the expiration of 20 days after the date the defendant was served with the citation and petition.

Apply to get the judgment set aside You'll have to go to a private hearing at the court to explain why you do not owe the money. If you do not go to the hearing, your application will be rejected and you'll have to pay the amount in the judgment.