Indiana Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect

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US-01527BG
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There are no fixed standards to determine the type of mistake, surprise, or excusable neglect that would warrant the setting aside of a default judgment. The court's decision to set aside a judgment on any of these grounds turns upon the unique factual background of each particular case. However, mistake, inadvertence, and excusable neglect that warrants relief from a default judgment require some justification for an error beyond mere carelessness or ignorance of the law of the party or his or her attorney.

An Indiana Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal document used in Indiana courts to request the vacation or setting aside of a default judgment that was entered against a party due to a mistake, inadvertence, surprise, or excusable neglect. This affidavit is an essential part of the motion and serves as evidence to support the request for relief from the default judgment. It outlines the specific facts and circumstances that led to the default judgment and demonstrates that the circumstances were the result of mistake, inadvertence, surprise, or excusable neglect. In Indiana, there may be different types or variations of this affidavit depending on the specific circumstances of the case. For example, there could be separate affidavits for mistakes made by the party or their attorney, inadvertent actions or omissions, surprises that prevented proper response, or instances where neglect, although inexcusable, could be considered excusable under certain circumstances. The affidavit must include relevant keywords to ensure its effectiveness and compliance with the court's requirements. Some potential keywords that could be included are: 1. Default judgment: This keyword highlights the main issue being addressed, emphasizing that a default judgment has been entered against the party and explaining why it should be vacated or set aside. 2. Mistake: This keyword indicates that the default judgment was a result of a genuine mistake made by the party or their attorney. It aims to demonstrate that the mistake was not deliberate or intentional. 3. Inadvertence: This keyword suggests that the default judgment occurred due to an unintentional act or omission. It emphasizes that the party did not willfully neglect their responsibilities or intentionally fail to respond to the lawsuit. 4. Surprise: This keyword implies that the party was unexpectedly taken off guard or caught by surprise, which prevented them from responding to the lawsuit or attending court proceedings. 5. Excusable neglect: This keyword highlights the concept that the party's neglect, although inexcusable in ordinary circumstances, could be considered excusable due to certain exceptional circumstances or valid reasons. 6. Evidence: This keyword signifies that the affidavit should include supporting evidence, such as documents, witness statements, or any other relevant proof that substantiates the party's claims regarding the mistake, inadvertence, surprise, or excusable neglect. By utilizing these relevant keywords, an Indiana Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect can effectively convey the necessary information and arguments to persuade the court to grant the requested relief. It is crucial to consult with an attorney or legal professional for guidance and to ensure compliance with Indiana's specific rules and requirements.

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To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.

Removing A Judgment from Your Record There are only three ways in which a judgment can be made to go away: paying the debt, vacating the judgment or discharging the debt through bankruptcy.

Once the judgment is set aside, the case starts up again. If you do not file an answer with the court to defend against plaintiff's complaint, you could again be defaulted and another default judgment could be entered against you.

Examples of mistake, inadvertence, surprise, or excusable neglect include: ? Illness of defendant. Attorney's abandonment of client. Fraud of the plaintiff. The following instructions and forms assume that you are a defendant who is filing a motion to vacate a default judgment.

In determining whether the neglect is excusable, courts take a flexible approach and consider all relevant circumstances. For example, clerical errors, like a misreading of the filing date, have been considered excusable.

Judgment is a void judgment if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process, Fed.

If a defendant has failed to timely file an answer, to appear when summoned, or otherwise fail to plead, the plaintiff may file a request for a default judgment in their favor.

A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.

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The court has an imperative duty to set aside the judgment when it appears from the facts alleged and proved that the applicant had the judgment taken against ... At the completion of the temporary or limited representation, the attorney shall file a notice of completion of representation with the clerk of the court. Rule ...Jan 1, 2023 — To ask the court to set aside the noting in default and default judgment, fill out Form 15A - Notice of Motion and Supporting Affidavit. 1. The order was made against you because of your own “mistake, inadvertence, surprise, or excusable neglect.” · 2. You did not receive notice of the summons and ... A judge can set aside a default judgment for the following reasons, among others: Mistake, inadvertence, surprise, or excusable neglect of the party who failed ... (3) Complete the Declaration in Support of the Motion for Relief from Default Judgment. Fill in your name and the citation number(s). Provide your sworn ... Jan 31, 2023 — and respond was due to mistake, inadvertence, surprise or excusable neglect. ... When a motion to set aside a default judgment presents the court ... Examples of mistake, inadvertence, surprise, or excusable neglect include: • Illness of defendant. • Attorney's abandonment of client. • Fraud of the plaintiff. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record ... File a motion for relief from default judgment (also called motion to set aside or vacate a judgment) to reopen a case you lost by default.

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Indiana Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect