Washington Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect

State:
Multi-State
Control #:
US-01530BG
Format:
Word; 
Rich Text
Instant download

Description

In deciding whether to set aside a default judgment, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to defend on the merits. Therefore, in addition to the requirement that defendant show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:


" the nature and extent of the prejudice which may be suffered by the non-defaulting party if the default is set aside;


" the presence of material issues of fact;


" the presence of a meritorious defense to the claim;


" the significance of the interests at stake, including, but not limited to, the amount of money involved;


" whether the failure to answer was intentional or willful or the result of conscious indifference;


" whether party or counsel bears responsibility for default; and


" the availability of less drastic sanctions.

Free preview
  • Preview Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect
  • Preview Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect
  • Preview Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect
  • Preview Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect

How to fill out Motion To Vacate Or Set Aside Entry Of Default And Default Judgment Due To Mistake, Inadvertence, Surprise, Or Excusable Neglect?

Have you been within a place where you will need papers for either business or individual purposes just about every working day? There are tons of legitimate record layouts available online, but locating versions you can rely on isn`t effortless. US Legal Forms provides a large number of type layouts, just like the Washington Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect, which are written to meet state and federal demands.

In case you are currently knowledgeable about US Legal Forms internet site and have your account, just log in. Afterward, you are able to down load the Washington Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect design.

Should you not offer an account and need to begin using US Legal Forms, adopt these measures:

  1. Find the type you require and ensure it is for the appropriate metropolis/area.
  2. Take advantage of the Review button to analyze the shape.
  3. See the information to ensure that you have selected the appropriate type.
  4. In case the type isn`t what you`re seeking, take advantage of the Lookup discipline to find the type that meets your requirements and demands.
  5. Whenever you get the appropriate type, click on Get now.
  6. Opt for the rates plan you need, fill in the necessary details to generate your account, and pay for an order using your PayPal or Visa or Mastercard.
  7. Decide on a practical file formatting and down load your duplicate.

Find all the record layouts you possess bought in the My Forms food selection. You can get a additional duplicate of Washington Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect any time, if needed. Just select the essential type to down load or print out the record design.

Use US Legal Forms, the most extensive variety of legitimate varieties, in order to save time and steer clear of blunders. The services provides expertly made legitimate record layouts which you can use for an array of purposes. Create your account on US Legal Forms and start producing your lifestyle a little easier.

Form popularity

FAQ

Request for Entry of Default (Application to Enter Default) (CIV-100) Asks the court to enter a "default" against the defendant or cross-defendant because they failed to file an Answer or other responsive document in the case.

Show cause orders instruct parties to ?show cause? why the court should decide in their favor on a motion. More accurately, a show cause order instructs a party to appear at a hearing and show cause why the court should not grant a motion another party filed.

After a default judgment, the Plaintiff will try to collect the money you owe. The Plaintiff may be able to take money from your paycheck or bank account and put a lien on your property. If you don't have any assets to pay the debt, you can let the Plaintiff. They may give up or try to collect in the future.

To have the default judgment set aside the defendant must show the court that: ????there is a good reason why they did not file a defence within 28 days. they have a bona fide (genuine) defence. they applied to set aside default judgment as soon as they became aware of it.

What is a Motion to Vacate? It asks a judge to cancel (to vacate) an earlier order or judgment entered by the same court. You file this Motion in the Washington state court where the Order you want vacated was issued. Does a Motion to Vacate make sense for my situation?

A motion for default shall include a statement of the basis for venue in the action. A default shall not be entered if it clearly appears to the court from the papers on file that the action was brought in an improper county. (b) Entry of Default Judgment.

If you never knew you were being sued, and motion for default judgment is filed against you, you should respond with a Motion to Vacate Judgment, also known as a Motion to Set Aside Judgment.

Deferment or Forbearance A good first step is to contact your lender as soon as you realize that you may have trouble keeping up with your payments. The lender may be able to work with you on a more attainable repayment plan or help you obtain deferment or forbearance on your loan payments.

Trusted and secure by over 3 million people of the world’s leading companies

Washington Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect