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

State:
Multi-State
County:
Fairfax
Control #:
US-01527BG
Format:
Word; 
Rich Text
Instant download

Description

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.

Fairfax, Virginia is a vibrant city located in the Northern Virginia region of the state. Known for its rich history, diverse culture, and beautiful landscapes, Fairfax offers residents and visitors a variety of attractions and amenities. The Fairfax Virginia 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 the court system to request the reversal or cancellation of a default judgment due to valid reasons such as mistakes, inadvertence, surprise, or excusable neglect. This affidavit provides detailed information and evidence supporting the request for vacation or setting aside of a default judgment. In Fairfax, Virginia, there are different types of Fairfax Virginia Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect, each addressing specific circumstances: 1. Mistake: This type of affidavit supports the claim that a default judgment was made based on an error or mistake in the legal process, such as incorrect information, misinterpretation of facts, or procedural errors. 2. Inadvertence: This affidavit highlights instances where the default judgment was issued due to a lack of attention, oversight, or unintentional neglect by the party involved. It may include reasons like missed deadlines, administrative errors, or other unforeseen circumstances that resulted in the default judgment. 3. Surprise: This type of affidavit asserts that the default judgment was unexpected or unforeseen due to factors that were not reasonably anticipated. It may involve situations where crucial information or evidence surfaced after the judgment, significantly altering the case's outcome. 4. Excusable Neglect: This affidavit aims to demonstrate that the default judgment was a result of reasonable neglect, which can be explained by valid explanations such as illness, accident, emergency, or other extenuating circumstances that hindered the party's ability to respond or participate adequately in the legal process. In conclusion, the Fairfax Virginia Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a crucial legal document used in Fairfax, Virginia, to request the reconsideration or reversal of a default judgment. It provides the necessary evidence and arguments to support the claim of a mistake, inadvertence, surprise, or excusable neglect as valid reasons for setting aside or vacating the default judgment.

Free preview
  • Form preview
  • Form preview

How to fill out Fairfax Virginia Affidavit Supporting Notice Of Motion For Vacation Or Setting Aside Of Default Judgment Due To Mistake, Inadvertence, Surprise, Or Excusable Neglect?

How much time does it typically take you to draw up a legal document? Because every state has its laws and regulations for every life scenario, finding a Fairfax Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect suiting all local requirements can be exhausting, and ordering it from a professional attorney is often expensive. Numerous web services offer the most popular state-specific templates for download, but using the US Legal Forms library is most beneficial.

US Legal Forms is the most extensive web collection of templates, grouped by states and areas of use. Aside from the Fairfax Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect, here you can get any specific document to run your business or individual deeds, complying with your county requirements. Specialists verify all samples for their validity, so you can be certain to prepare your paperwork correctly.

Using the service is pretty straightforward. If you already have an account on the platform and your subscription is valid, you only need to log in, pick the needed form, and download it. You can get the document in your profile anytime in the future. Otherwise, if you are new to the website, there will be a few more steps to complete before you get your Fairfax Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect:

  1. Examine the content of the page you’re on.
  2. Read the description of the template or Preview it (if available).
  3. Search for another document utilizing the corresponding option in the header.
  4. Click Buy Now once you’re certain in the selected document.
  5. Decide on the subscription plan that suits you most.
  6. Create an account on the platform or log in to proceed to payment options.
  7. Make a payment via PalPal or with your credit card.
  8. Switch the file format if necessary.
  9. Click Download to save the Fairfax Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect.
  10. Print the doc or use any preferred online editor to fill it out electronically.

No matter how many times you need to use the acquired document, you can find all the files you’ve ever saved in your profile by opening the My Forms tab. Try it out!

Form popularity

FAQ

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.

An excusable neglect would include clerical errors, reasonable misunderstandings, as well as circumstances beyond the party's control. For example, a secretary's misfiling of the summons and complaint has been found to constitute an excusable neglect.

MERITORIOUS DEFENSE Definition & Legal Meaning One going to the merits, substance, or essentials of the case, as distinguished from dilatory or technical objections.

A default judgment is a final resolution of a court case in favor of one party due to the other party's failure to take a required action to participate in the case.

Final Judgment on the Merits: As indicated, a default judgment is a final judgment on the merits. Same Transactional Facts: "The marks and claims at issue in this proceeding were also at issue in the Civil Action."

Id. There is also an important distinction between an order of default and a default judgment. An order of default is not a final judgment as it does not dispose of the case and determine the rights of the parties, but merely precludes the defaulting party from raising additional defenses.

Excusable neglect is a term associated with proceedings, notably in bankruptcy cases, that includes inadvertence, mistake, carelessness, or any intervening circumstances beyond a party's control. A court has the direction to allow a party to file a motion after the deadline if it finds excusable neglect.

Under CCP § 473(b), the court may set aside a default and default judgment if the defendant asking for the set aside presents enough evidence to the court to demonstrate that the default was entered by inadvertence, mistake, surprise, or excusable neglect.

Deadline to ask the court to vacate the default judgment ), you have 180 DAYS from the date you DISCOVERED there was a judgment against you to file a motion to vacate.

The California Code of Civil Procedure 473 concerns a party's right to amend a pleading filed in a court action. The court has discretion on whether a party may add or remove the name of a party, or correct a mistake in a pleading. Additionally, the court may alter the time for response of the opposing party.

More info

Contempt Jurisdiction in a Virginia District Court . Obtained reversal of summary judgment in federal court negligence case.Al will lead you out of ail these tax problems. To ask the court to set aside the noting in default and default judgment, fill out Form 15A - Notice of Motion and Supporting Affidavit.

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

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