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This document provides guidance on how to request the removal of a default judgment in an eviction case. It outlines the steps a tenant should take if they miss their court date, including how to fill out the Motion to Remove Default form, the importance of providing a valid reason for missing the court date, and what to do if a tenant receives a 48-hour eviction notice.

How to fill out motion to remove default

How to fill out motion to remove default

1. Obtain the appropriate motion to remove default form from the court's website or clerk's office.
2. Fill out the case information, including the names of the parties, case number, and date of default.
3. Clearly state the reasons for requesting the removal of default, such as being unaware of the proceedings or notifying the court of a change in circumstances.
4. Attach any necessary supporting documents or evidence that support your request.
5. Sign the motion and date it before submission.
6. File the completed motion with the court and pay any required filing fees.
7. Serve a copy of the motion to all parties involved in the case, providing proof of service to the court.

Who needs motion to remove default?

1. Defendants who have missed a court date or failed to respond to a lawsuit resulting in a default judgment.
2. Parties who have been wrongly defaulted due to lack of notice or other valid reasons.
3. Anyone seeking to reinstate their rights in a legal proceeding after a default judgment has been entered against them.

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What is motion to remove default?

A motion to remove default is a legal request made to a court to invalidate a previous default judgment, allowing a party who failed to respond to a lawsuit to enter their defense.

Who is required to file motion to remove default?

The party who was subject to the default judgment, typically the defendant in the case, is required to file the motion to remove default.

How to fill out motion to remove default?

To fill out a motion to remove default, one must typically include information such as the case number, the names of the parties involved, the specific default being challenged, and relevant reasons or justifications for seeking removal.

What is the purpose of motion to remove default?

The purpose of a motion to remove default is to provide the defaulted party an opportunity to present their side of the case despite missing the initial response deadline and to ensure a fair hearing.

What information must be reported on motion to remove default?

The information that must be reported includes the case title, case number, details of the default judgment, reasons for not responding on time, and any supporting evidence that justifies the motion.