Montana Motion to Set Aside Default
Description
How to fill out Montana Motion To Set Aside Default?
Obtain a printable Montana Motion to Set Aside Default in only several mouse clicks in the most complete catalogue of legal e-files. Find, download and print out professionally drafted and certified samples on the US Legal Forms website. US Legal Forms has been the Top supplier of affordable legal and tax forms for US citizens and residents online since 1997.
Users who have already a subscription, must log in directly into their US Legal Forms account, down load the Montana Motion to Set Aside Default and find it saved in the My Forms tab. Customers who do not have a subscription must follow the steps listed below:
- Make sure your template meets your state’s requirements.
- If provided, read the form’s description to find out more.
- If offered, preview the form to see more content.
- As soon as you are confident the template suits you, just click Buy Now.
- Create a personal account.
- Choose a plan.
- Pay via PayPal or bank card.
- Download the form in Word or PDF format.
As soon as you have downloaded your Montana Motion to Set Aside Default, you can fill it out in any online editor or print it out and complete it by hand. Use US Legal Forms to to access 85,000 professionally-drafted, state-specific files.
Form popularity
FAQ
A default judgment means that the court has decided that you owe money. This a result of the person suing you in small claims court and you failed to appear at the hearing.
If you do not owe the money - cancel the judgment This is known as getting the judgment 'set aside'. You can do this if you did not receive, or did not respond to, the original claim from the court saying you owed the money.
First, you can ask the court to set aside the default judgment and give you an opportunity to contest it. Next, you can settle the debt with the debt buyer for an amount less than what the default judgment is for. And finally you can eliminate the default judgment completely by filing for bankruptcy.
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 to defend himself in the case. Fraud, misrepresentation, or other misconduct by the party who filed the case.
What happens next? When you file your Motion and Affidavit to Set Aside Default, you will get a hearing date and time from the court clerk. At the hearing, the judge will grant or deny the motion. If the judge grants your motion, the default or default judgment will be set aside, and the case will move forward.
A simple default doesn't mean you legally owe a certain amount of money. A default judgment identifies the amount you owe the plaintiff. You don't want this to happen because a default judgment makes you a judgment debtor. Plaintiff may use all sorts of legal procedures to legally take your money and property.
If a notice of motion for setting aside or variation of a judgment or order is filed within 14 days after the judgment or order is entered, the court may set aside or vary the judgment or order under r 36.16(1) as if the judgment or order had not been entered: r 36.16(3A).
If the judgment is set aside, you and the creditor are put back in the position you were both in immediately before the judgment. This means if you have an argument or 'defence' against the judgment which you didn't get a chance to raise when the claim was first issued, you have a second chance to do this.
If the judgment is set aside, you and the creditor are put back in the position you were both in immediately before the judgment. This means if you have an argument or 'defence' against the judgment which you didn't get a chance to raise when the claim was first issued, you have a second chance to do this.