Fill and Sign the Default Judgment Form

IN THE ______________________COURT OF ________________________ (County), _______________________________ (State) ______________________________________ PLAINTIFF (Name of Plaintiff) V. CAUSE NO. ________,________ _______________________________________ DEFENDANT (Name of Defendant) Motion to Set Aside Entry of Default and Default Judgment Comes now ________________________________ (Name of Defendant), Defendant in the above-captioned cause, and respectfully moves that this Court set aside the Entry of Default and Default Judgment in the above-entitled and numbered cause and allow Defendant to answer the Complaint of Plaintiff, and as grounds for said Motion would show unto the Court the following: 1. The Complaint in the above-entitled and numbered cause was filed and a summons issued by the Clerk of this Court on _______________________________ (date). 2. Service of process was made on Defendant on ____________________________ (date). 3. Defendant delivered his copy of the Summons and Complaint to his attorney at that time ____________________________________ (name of attorney). 4. Said attorney for Defendant, as the attached affidavit shows, through mistake, inadvertence, and excusable neglect, failed to answer or otherwise appear in that cause for and on behalf of Defendant, within the time allowed by law. 5. An Entry of Default was entered against Defendant on ___________________________ (date) . 6. Default judgment was taken pursuant to that Entry of Default on ______________________________ (date). 7. Defendant has a meritorious defense to Plaintiff's Complaint, as shown by the attached Answer and by the attached Affidavit of ____________________________________ (name of affiant) . WHEREFORE, Defendant moves the Court for an Order setting aside the Entry of Default and the Default Judgment in the above-entitled and numbered cause and allowing Defendant's Answer, attached to this Motion, to be filed. Witness my signature this the _____ day of ________________________, 20____. Respectfully submitted, ______________________________________ (Name of Defendant) By: ____________________________________ (Name of Defendant’s Attorney) State Bar No. __________________ One of His Attorneys OF COUNSEL: __________________________________ (Name of Defendant’s Attorney) Post Office Box _________-_____________________________________________________ City, State, Zip Code Telephone: ________-________-_____________ Certificate of Service This is to certify that I, __________________________________ (Name of Attorney), attorney for Defendant __________________________________ (Name of Defendant), have this date served a true and correct copy of the above and foregoing Motion by U.S. Mail, postage fully prepaid, to the following counsel of record for Plaintiff: ___________________________________(Name of Attorney) Post Office Box __________ ___________________________________________________ City, State, Zip Code This the _____day of ______________________, 20_____. Respectfully Submitted, ______________________________ (Name of Attorney) State Bar No. ____________ Attorney for Defendant OF COUNSEL: __________________________________ (Name of Attorney) Post Office Box _________-__________________________________________________________ City, State, Zip Code Telephone: ________-________-_____________ Notice of Motion to Set Aside Entry of Default and Default Judgment You are notified that on _________________________________ (date), at ___________ (time) , or as soon thereafter as counsel can be heard, in Courtroom 000 of the _________Court for __________ County, ________________________ (State), at the _____________________ (County) Courthouse at __________________________________________________________ _________________________________________ (street address, city, county, state, zip code), Defendant ________________________________________ (Name of Defendant), by and through his attorney, will bring on for hearing his Motion to Set Aside Entry of Default and Default Judgment . Respectfully Submitted, ______________________________ (Name of Attorney) State Bar No. ______________ Attorney for Defendant OF COUNSEL: _________________________________ (Name of Attorney) Post Office Box __________-______________________________________________________________ City, State, Zip Code Telephone: _________-________-_____________