☐ Step 1: Schedule a hearing.
Call the clerk’s office. Tell the clerk you want to schedule a hearing on a Motion to Set Aside Default Judgment. The clerk will give you a date and time for the hearing. Make sure the hearing date is far enough away. The other side must receive a copy of your Motion to Set Aside Default Judgment and Notice of Hearing at least three days before the hearing date.
☐ Step 2: Fill out these forms.
Fill out this form completely in blue or black ink and sign it.
Remember to:
- write the specific facts that show how your failure to file an answer or appear at the hearing was due to improper service or improper notice of the hearing, or
- write the specific facts that show how your failure to file an answer or failure to appear at the hearing was an accident or mistake and you have a good defense, and
- fill out the Unsworn Declaration completely and sign it, and
- write the date and time of the hearing, and
- write the full physical address of the court where the hearing will be held, and
- fill out and sign the Certificate of Service.
WARNING: You must sign the motion form under penalty of perjury. This means it’s a crime to lie on the form.
Fill out this form completely in blue or black ink (except for the judge’s signature).
☐ Step 3: Turn in your motion form.
Turn in your completed Motion to Set Aside Default Judgment and Notice of Hearing form at the clerk’s office and get a file-stamped copy for both you and the other side.
☐ Step 4: Send a file-stamped copy of your motion to the other side.
Send a file-stamped copy of the Motion to Set Aside Default Judgment and Notice of Hearing to the other side. Send it on the same day you file it. If the other side has a lawyer, send it to the lawyer instead of directly to the other side. You can send it by:
- fax
- commercial delivery service (such as FedEx or UPS)
- personal delivery
- certified mail, return receipt requested,and regular mail. (This way may take too long.)
Keep proof that you sent the Motion to Set Aside Default Judgment and Notice of Hearing to the other side. You must bring proof to your hearing.
☐ Step 5: Go to the hearing.
Be ready to explain to the judge why the default judgment should be set aside. Bring proof that you sent the Motion to Set Aside Default Judgment and Notice of Hearing to the other side. Bring the Order on Motion to Set Aside Default Judgment for the judge to sign. Remember, the judge may or may not set aside the default judgment.
