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If you file a motion to vacate a default or a default judgment, you must file an answer to the original complaint along with any cross claims or counterclaims you may wish to assert, and the motion must be accompanied by the appropriate fee.

If the defendant does not answer the complaint or fails to appear at a required court hearing, the defendant is ?in default.? Before the person who filed the complaint can attempt to collect any amount of money after defendant's default, the court must also have a record that proves what amount the defendant must pay.

To vacate a default, your motion papers must show a good reason or excuse for your default and that your claims or defenses have legal merit. Whenever a motion is to be brought, the person filing the motion is called the moving party or the movant.

To vacate a Default, an individual must meet all elements of a 3 part test. The 3 elements include: Excusable Neglect: An individual does not respond due to a misunderstanding, clerical error, or human error. Meritorious Defense: The Individual must attach an Answer and Affirmative Defenses to their Motion to Vacate.

A presumption exists that all court records are subject to public inspection. The public right of access to specific court records must be weighed and balanced against nondisclosure interests as established by the Federal and/or New Hampshire Constitution or by statutory provision granting or requiring confidentiality.

Call the Court Information Center The Circuit and Superior Courts have a single toll free number for all phone calls placed from the US or Canada: 1-855-212-1234. Callers from outside the US or Canada must use the Circuit Court's toll number: 603-415-0162.