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You lost motion to set aside default and next day have found case says the judge must grant as judgment was void can you ask judge to reconsider and introduce this new case?
Charles2
Submit a 'motion to re-consider' citing the new-found information as precedent.
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∙ 14y ago
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What is motion for judicial default?
A motion for a judicial default, or a default judgment, is bringing a matter to the attention of the court due to the defendant failing to answer or appear to a trial. This judgment will award the complainant what they asked for in their complaint.
What is the motion to open default?
The motion to open default is a common law and judicial system code. It is technically referred to as ' Failure to Appear and Judgment'.
How many daysto file Motion To Vacate Default Judgment?
10 DAYS
What do you do after motion for default has been granted in a civil case?
If a default judgment was entered against you the case is over. By failing to appear you lost the case.
What do you do if you were not served and now have a default judgment?
If you were not served and now have a default judgement, you can ask the court to vacate the default judgement. You have 180 days from the discovery of the judgement to file this motion.?æ
How do you remove a Default judgment?
You have to get a copy of the case file and go over it and file a Motion to vacate judgment based on, error in service or whatever your defense is. Check your states laws because there is a SOL on you being able to file this motion.
Can they get judgment without you knowing if was filed?
Yes, it happens all of the time, it is called a default judgment. If this has happened to you, call the clerk of the court in your area and ask the procedures and SOL for filing a motion to vacate the judgment due to an error in service.
How do you challenge a civil judgment in the state of California if you missed the court date?
File a Motion to Quash This action relates to the validity of the judgment, non appearance is not a valid defense for having a judgment voided. If the defendant does not appear he or she loses by default and a judgment is entered in favor of the plaintiff.
Pro se motion for reconsider is pending in chapter 13 denial can mortgage company start foreclosure procedures?
This is why you need a lawyer. Yes, it can, unless you file a motion with the court to stay the foreclosure until your motion to reconsider is disposed of. And if your c. 13 was denied, chances are slim to none you will prevail in your motion to reconsider, unless you clearly understand why it was denied and have corrected the problem.
What does it mean to set aside a default judgement?
A default judgement is a judgement (guilty, innocent, acquitted) that was made by a judge in lieu of a full trial. Generally this involves minor traffic violations in which the defendant doesn't show. A motion to set aside a default judgement is a request by the defendant or the prosecution to move to a full trial and force both sides to present the case.
Can a lanlord still withdraw a case that has been entered as a judgment by default?
No. The judgment has been entered and stands. But your landlord can report to the courts that the judgment has been satisfied which will take it off the open books.ANOTHER VIEW: If YOU are the landlord, you can file a motion with the court to 'vacate the finding' in order to nullify it.
Where can I find a sample form for a Motion to reopen a chapter 13 bankruptcy plan in Pennsylvania?
on a motion to reconsider what information is needed in the motion area
