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WWW.sac law.org Sacramento County Public Law Library & Civil Self Help Center 609 9th St. Sacramento, CA 95814 (916) 8746012 Home Law 101 RELIEF FROM DEFAULT JUDGMENT How to Reopen a Case the Plaintiff
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How to fill out relief from default judgment

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How to fill out relief from default judgment:

01
Obtain the necessary forms: Start by locating the specific forms required to request relief from default judgment. These forms can usually be found on the court's website or by contacting the clerk's office.
02
Fill out the forms accurately: Carefully complete all the required fields on the forms, ensuring that you provide accurate and up-to-date information. Include details such as your name, address, case number, and the reason for requesting relief from default judgment.
03
Include supporting documentation: Depending on the circumstances of your case, you may need to include supporting documentation to strengthen your request. This may include relevant evidence, affidavits, or any other relevant paperwork that supports your claim.
04
Draft a written statement: Write a clear and concise statement explaining the reasons why you are seeking relief from default judgment. Clearly outline any extenuating circumstances, valid reasons for your failure to respond or appear, or any other relevant details that could strengthen your case.
05
Sign and date the forms: Make sure to sign and date the completed forms, as your signature verifies the accuracy of the information provided. Failure to sign the forms may result in your request being rejected.
06
File the forms with the court: Once you have completed all the necessary paperwork, make copies of the forms for your records and file the originals with the court clerk's office. Pay any required filing fees, if applicable. It is advisable to keep a copy of the filed documents and obtain a proof of filing receipt from the clerk's office.

Who needs relief from default judgment?

01
Parties who failed to respond: Individuals who were served with a lawsuit but failed to respond within the specified timeframe may need relief from default judgment. This could be due to various reasons such as unawareness of the lawsuit, non-service of the court documents, or an inability to respond within the given deadline.
02
Individuals who missed court appearances: If someone scheduled to appear in court fails to do so, a default judgment may be issued against them. In such cases, they will require relief from default judgment to have an opportunity to present their case and defend themselves.
03
Those who experienced an error or mistake: Relief from default judgment may be necessary for individuals who can prove that a mistake or error occurred resulting in the default judgment. This could include miscommunications, administrative errors, or any other genuine circumstances that led to the default judgment.
Remember, seeking legal advice or consulting an attorney may be beneficial in navigating the specific requirements and processes regarding relief from default judgment in your jurisdiction.
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Relief from default judgment is a legal process that allows a party to request the court to set aside a default judgment entered against them.
Any party who has had a default judgment entered against them is required to file relief from default judgment if they wish to have the judgment set aside.
Relief from default judgment is typically filed by submitting a motion to the court along with any supporting evidence or legal arguments.
The purpose of relief from default judgment is to provide a party with an opportunity to present their case and defend against a judgment that was entered against them due to a failure to respond or appear.
The relief from default judgment must typically include the case number, names of the parties, the date of the default judgment, the reason for the default, and any legal arguments or evidence supporting the request for relief.
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