MOTION TO SET ASIDE DEFAULT JUDGMENT

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Motions
October 9, 2021

Court and parties’ details-Insert here

 

MOTION TO SET ASIDE DEFAULT JUDGMENT

COMES NOW Defendant, [Your name], pro se, and for a Motion to set Aside a default judgment ordered against the Defendant, respectfully states and alleges: 

  1. Default Judgment was entered against Defendant in this court on…….. upon Plaintiff’s Motion for default Judgment dated……… 

 

  1. The said Motion for default Judgment by the Plaintiff was based on material non-disclosure of certain facts to this Honorable Court. Plaintiff failed to bring the following facts to the attention of the Court:
  1. That after the existence of the suit came to Defendant’s knowledge on December 3, 2018, Defendant made an offer for settlement to the Plaintiff’s counsel, which has never responded to.
  2. That on….., Defendant sent a debt validation letter to Plaintiff challenging the amount of $15,000 sought by Plaintiff in this suit, which is excessive and beyond the amount rightly owed.
  3. That the amount owed by the Defendant to the Plaintiff is disputed. 

 

  1. Defendant was not aware of the procedures of this Honorable Court in relation to filing of responses/answers to claims and reached out to Plaintiff’s counsel in utmost good faith. 

 

  1. Because Plaintiff’s Motion for default judgment against Defendant did not disclose the foregoing matters, Defendant avers that it would be fair and in the interests of justice to set the default judgment dated…….

 

WHEREFORE, Defendant prays that this motion be granted and that the default judgment entered in this action be set aside and Defendant be granted leave to defend the action by filing an answer to the Plaintiff’s action. 

         Respectfully Submitted,

__________________

[NAME] [ADDRESS] 

DATE: __

 

CERTIFICATE OF SERVICE

I,………………….., hereby certify that I have delivered a true and accurate copy of the above Motion to set aside default judgment to Plaintiff’s attorney by depositing a true and correct copy of same, First-Class Mail postage prepaid, in the U.S. Mail, located at…………..at or before 5:00 p.m., on the ___ day of ___________________, XXX.

 

      Respectfully Submitted,

__________________

[NAME] 

DATE: _

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