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SETTING ASIDE DEFAULT Form
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People also ask
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How do you vacate an entry of default in California?
To vacate a default judgment, do the following: 1. Get the form called Notice of Motion to Vacate Judgment from the small claims clerk. 2. Fill the form out and file it with the small claims clerk with a filing fee.
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How long do you have to set aside a default Judgement in California?
Motions based on CCP § 473.5 must be filed within a reasonable period of time, and that time must be within two years of the date of the judgment.
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What does it mean to set aside defaults?
A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.
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What does it mean for a transaction to be set aside?
In an insolvency context, it refers to an administrator, liquidator or trustee in bankruptcy challenging a transaction entered into by an insolvent entity prior to any formal insolvency process, to reclaim assets for creditors.
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What is the deadline for filing a default in California?
A very important fact you should keep in mind is that California courts do impose a timeline for seeking entry of a default judgment. Specifically, a request for entry of default must be filed within 10 days following a defendant's failure to timely file and serve a responsive pleading.
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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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How long do you have to set aside an entry of default in California?
If the court sent a Notice of Entry of Default If the court has your address, the clerk mails you a Notice of Entry of Default. If they sent this, you must file and serve the request to set aside within 180 days from the date you were served that notice.
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What is the relief from entry of default in California?
What relief is available? The Court may set aside the default if you provide evidence showing that the default was entered by inadvertence, mistake, surprise, or excusable neglect.
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