Get the free Order Setting Aside Default - March 5, 2010 - Van Cott & Talamante ...

*** Granted *** See signature Page Michael K. Jeans, Clerk of Court *** Electronically Filed *** Lori Cummings Filing ID 539978 3×5/2010 1:52:11 PM 1 VAN COST & TALAMANCA, LLC 2025 North Third Street,

How to fill out order setting aside default

To fill out an order setting aside default, follow these steps:

1. Familiarize yourself with the applicable laws and rules: Before you begin, make sure you understand the legal requirements and procedures regarding setting aside a default judgment. This will vary depending on the jurisdiction and the specifics of your case.
2. Obtain the necessary forms: Check with the appropriate court or consult an attorney to determine the specific forms you need to fill out to request an order setting aside default. These forms may differ depending on your jurisdiction.
3. Gather supporting documentation: Collect any supporting documentation that may help your case, such as evidence showing a valid reason why you failed to respond to the original complaint or evidence that the default judgment was entered in error.
4. Fill out the forms accurately: Carefully fill out the required forms, providing all the requested information. Make sure to include the case number, the names of the parties involved, and any other relevant details. Be concise and clear in your explanations.
5. Attach any necessary supporting documents: Include any supporting documentation or evidence that strengthens your argument for setting aside the default judgment. Attach these documents to the completed forms.
6. Provide a detailed explanation: In a written statement or attachment, explain the reasons why you are requesting the default judgment to be set aside, providing sufficient and convincing arguments. This may include demonstrating that you have a valid defense, that you did not receive proper notice of the case, or that the default judgment was entered improperly.
7. Review and double-check all information: Before submitting your request, thoroughly review all the forms and supporting documentation to ensure accuracy and completeness. Check for any errors or missing information that could hinder the success of your request.
8. File the forms with the court: Once you are confident in the accuracy of your forms and supporting documents, file them with the court clerk's office. Pay any necessary filing fees and keep copies of everything for your records.

Who needs an order setting aside default?

An order setting aside default may be needed by individuals or parties who have had a default judgment entered against them. This can occur when someone fails to respond to a lawsuit or fails to appear in court, allowing the other party to win by default. By obtaining an order setting aside default, the party can request the court to overturn the default judgment and provide an opportunity to present their case or defense. It is essential to consult with an attorney or review the specific laws in your jurisdiction to determine if you meet the criteria for seeking an order setting aside default.

For pdfFiller’s FAQs

What is order setting aside default?

Order setting aside default is a legal process where a court overturns a default judgment against a party because they failed to respond or appear in court.

Who is required to file order setting aside default?

The party who received the default judgment and wants to have it overturned is required to file an order setting aside default.

How to fill out order setting aside default?

To fill out an order setting aside default, the party must provide reasons for their failure to respond or appear in court, along with any supporting evidence.

What is the purpose of order setting aside default?

The purpose of order setting aside default is to give the party who missed the deadline a second chance to defend themselves in court.

What information must be reported on order setting aside default?

The order setting aside default must include the case number, names of the parties involved, reasons for the default, and any evidence supporting the request.

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