Fill and Sign the Motion Set Aside 497330469 Form

IN THE ___________________________ (Name of Court) 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, through mistake, inadvertence, and excusable neglect, failed to answer or otherwise appear in that cause for and on his behalf, within the time allowed by law. 4. An Entry of Default was entered against Defendant on ______________________ (date) . 5. Default judgment was taken pursuant to that Entry of Default on ___________________ _________ (date) . 6. Defendant has a meritorious defense to Plaintiff's Complaint. 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 be filed. Defendant further moves the Court to stay all execution proceedings pursuant to or in connection with said Judgment. Witness my signature this the _____ day of ________________________, 20_____. Respectfully submitted, ____________________________________ (Name of Defendant) Certificate of Service This is to certify that I, _______________________________ (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 Plaintiff’s Attorney) Post Office Box _________________ ________________________________________ City, State, Zip Code This the _____day of ______________________, 20_____. _________________________________ (Name of Defendant) Notice of Motion You are notified that on ___________________________ ( date) , at ___________ (time) , or as soon thereafter as counsel can be heard, in Courtroom ___________ of the _____________ ________________________ (Name of Court) Court for _______________________ (Name of County) County, _______________________ (State) , at the _____________________ (County) Courthouse at __________________________________________________________________ _________________________________________ (street address, city, county, state, zip code) , Defendant ________________________________ (Name of Defendant) , will bring on for hearing his Motion to Set Aside Entry of Default and Default Judgment . Respectfully Submitted, ____________________________________ (Name of Defendant)