Ex Parte Application to Set Aside Default Judgment
This document is an Ex Parte Application for Order Staying Execution of Judgment until a hearing on the defendant's motion to set aside the default judgment. It helps self-represented litigants fill out forms for legal proceedings. It is not a replacement for professional legal advice.
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How do I fill this out?
Begin by carefully reading the instructions provided. Fill in all the required fields with accurate information. Contact an attorney if you need further assistance.
How to fill out the Ex Parte Application to Set Aside Default Judgment?
1
Read the instructions carefully.
2
Fill in the plaintiff and defendant information.
3
Provide the case number and court details.
4
Complete the sections regarding the motion and judgment.
5
Sign and date the form.
Who needs the Ex Parte Application to Set Aside Default Judgment?
1
Defendants in a civil case who have received a default judgment.
2
Individuals seeking to delay the execution of a judgment.
3
Self-represented litigants needing to file a motion to set aside a default judgment.
4
Defendants who want to recall a writ of execution.
5
People who need to shorten the time for service and hearing on the motion to set aside.
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What are the instructions for submitting this form?
To submit this form, follow the instructions provided by your specific court. Typically, this involves filing the form in person at the court clerk's office or submitting it through the court's online filing system. Ensure all fields are accurately completed and the form is signed before submission. If you have additional documents, such as a declaration or memorandum of points and authorities, include those with your submission. For the Superior Court of the State of California for the County of Los Angeles, you can submit in person at the appropriate courthouse or through the court's online services.
What are the important dates for this form in 2024 and 2025?
Important dates for this form in 2024 and 2025 will depend on your specific court case. Generally, ensure timely submission ahead of your court's deadlines to avoid delays.
What is the purpose of this form?
The purpose of the Ex Parte Application to Set Aside Default Judgment is to provide a legal avenue for defendants to delay the execution of a judgment against them. This form allows defendants to request a hearing to set aside a default judgment, vacate the judgment, and recall any writ of execution. By filing this application, self-represented litigants can take necessary legal action to address judgments made in their absence.
Tell me about this form and its components and fields line-by-line.
- 1. Plaintiff Information: Details of the plaintiff including full name and contact information.
- 2. Defendant Information: Details of the defendant including full name and contact information.
- 3. Case Number: The official case number assigned by the court.
- 4. Court Details: Information about the court where the case is being heard.
- 5. Motion Details: Specifics about the motion to set aside the default judgment and the request to recall writ of execution.
- 6. Date and Signature: Space for the filing party to sign and date the form.
What happens if I fail to submit this form?
Failing to submit the Ex Parte Application to Set Aside Default Judgment can lead to the execution of the judgment against you.
- Judgment Execution: The judgment may be executed, leading to potential financial or legal consequences.
- Lost Opportunity for Hearing: You may lose the chance to present your case at a hearing to set aside the judgment.
- Writ of Execution: A writ of execution may be issued, resulting in the enforcement of the judgment against your assets.
How do I know when to use this form?
- 1. Default Judgment Received: When a default judgment has been entered against you in a civil case.
- 2. Writ of Execution: To prevent a writ of execution from being enforced against your assets.
- 3. Set Aside Judgment: When you want to file a motion to set aside the default judgment and have a hearing on the matter.
- 4. Shorten Time: To request an order shortening the time for service and hearing on the motion to set aside.
- 5. Stay of Execution: When you need to obtain a stay of execution of the judgment until the motion is heard.
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