Motion to Set Aside Default

For members only – because members know for sure this is the right move. Not a member? Join for $15/mo.

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• WHAT IS A MOTION TO SET ASIDE DEFAULT? A motion to set aside default is a request made by a party to the court to set aside a default judgment that was entered against them because they failed to respond to a complaint or other legal pleading within the time allowed by the rules of civil procedure.
• WHY WOULD I NEED A MOTION TO SET ASIDE DEFAULT? You would need a motion to set aside default if you failed to respond to a complaint or other legal pleading within the time allowed by the rules of civil procedure, and a default judgment was entered against you as a result. You may have a valid defense to the complaint or other legal pleading, and you want to have the opportunity to present your case.
• WHEN WOULD I NEED A MOTION TO SET ASIDE DEFAULT? You would need a motion to set aside default after a default judgment has been entered against you because you failed to respond to a complaint or other legal pleading within the time allowed by the rules of civil procedure.
• HOW WOULD I USE A MOTION TO SET ASIDE DEFAULT? You would use a motion to set aside default to request that the court set aside the default judgment and allow you to defend against the complaint or other legal pleading. The motion should include a description of the reasons why you failed to respond within the time allowed, any valid defenses you have to the complaint or other legal pleading, and any relevant case law or legal arguments.
• WHAT’S THE PROCESS? We’ll guide you through the process of completing a motion to set aside default that sets out your request. In the end, you will download a properly formatted motion to set aside default to file with the court.

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Journey Route

On your way to the perfect motion to set aside default, you will pass the following milestones:

1. Awareness – Understand the requirements, components, and factors for success of a motion to set aside default.
2. Analysis – Analyze the claims in your case to determine the relevant facts for your motion to set aside default.
3. Authority – Understand the law and find legal support for your motion to set aside default.
4. Assembly – Use the information you’ve collected to craft your motion to set aside default.

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