Set Default Judgment Form
What makes the motion set aside judgment legally valid?
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What does it mean when you have a default judgement?
A default judgment (also known as judgment by default) is a ruling granted by a judge or court in favor of a plaintiff in the event that the defendant in a legal case fails to respond to a court summons or does not appear in court.
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What are the disadvantages of defaulting?
Defaulting on any payment will reduce your credit score, impair your ability to borrow money in the future, lead to charged fees, and possibly result in the seizure of your personal property.
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What is an example of a default Judgement?
For example, let's say Annie files a lawsuit against Bridget. Bridget appears in court to argue her side of the case, but Annie forgets to go to court. The judge enters a default judgment against Annie and dismisses the lawsuit because Annie did not show up in court.
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What are the disadvantages of default judgement?
As further bad news, default judgments just don't 'go away,' the lien of a default judgment, like other judgments, lasts five years and the lien may be easily and repeatedly revived, indefinitely, and may be transferred to other counties and other states.
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How do you avoid default judgment?
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.
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How does a default judgement affect you?
After a default judgment, the Plaintiff will try to collect the money you owe. The Plaintiff may be able to take money from your paycheck or bank account and put a lien on your property. If you don't have any assets to pay the debt, you can let the Plaintiff. They may give up or try to collect in the future.
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Does a default judgement affect my credit?
If a creditor gets a judgment against you they may be able to garnish your wages or levy your bank account. Judgments can also negatively affect your credit score. They indicate to potential lenders that you have not reliably paid your debts in the past.
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What does setting aside a default Judgement mean?
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.
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