You are asking for relief from the conviction or the sentence. Would I file a motion to vacate and set aside a default judgement alone if two of us own the property or how does this.Received Final order of default judgement against me. Need to file motion to vacate and set aside judgement to get new date in court. A default order may be entered against a party who: (a) fails to appear at the scheduled hearing time after proper notice was duly issued; Downloadable Acrobat Reader Forms. CLAIMS. You present a formal motion to the court for default judgment in the proper format.