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. Request for Entry of Default (form CIV-100).Before you can file this form, you need to mail a copy to each tenant. 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)). On October 14, 2022, appellant finally surfaced to file a "motion to vacate void judgment. If you have a default judgment entered against you in Small Claims Court, there is a simplified procedure for making a motion to vacate (cancel) the judgment. A clerk may enter a default judgment in a written obligation (e.g. , contract or promissory note) action only if the amount due is set forth. In the first instance, an appeal from an order denying the motion to vacate would make a nonappealable order or judgment appealable. The motion requests a court hearing to set aside the default judgment and quash service of the summons.

Letter Requesting Motion To Vacate Order Of Default Without Notice In Riverside

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