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. AOPC is making these blank orders available as a convenience for the court or parties.The filing of this blank order is not mandatory. Unless a rule provides otherwise, a motion to vacate an invalid clerk's judgment should be made in the county where the action is venued (CPLR 3215(e)). Here is a sample motion, with its component parts, for you to use. You will need to tailor it to your own circumstances and set of facts. These sample forms may be useful when filing documents for the civil and family courts. If you have any questions, consult an attorney. Rule 3002-5 NOTICE OF POSTPETITION FEES, EXPENSES, AND CHARGES 40. A default is not a judgment.