Motion to Vacate Default Judgment

Motion to Vacate Default Judgment

Before filing: Use the exact caption and identify whether the court entered only a default or a final judgment. Complete the current rule, ground, deadline, service and local procedure for that court; attach the evidence and any required proposed response or order. This motion alone is not a stay of enforcement.

Court: [EXACT COURT AND COUNTY OR FEDERAL DISTRICT]
Case number: [NUMBER]
Assigned judge or division, if required: [________________________________]

Motion

Defendant [NAME], [SELF-REPRESENTED / THROUGH COUNSEL], moves under [EXACT CURRENT RULE OR STATUTE] for an order vacating [FINAL DEFAULT JUDGMENT ENTERED ON DATE / ENTRY OF DEFAULT ENTERED ON DATE]. Defendant also requests [SET ASIDE THE ENTRY OF DEFAULT IF NECESSARY / OTHER AUTHORIZED RELIEF]. The motion is based on the following facts, authority, declaration, and exhibits.

1. Case and judgment history

1. Plaintiff filed [CLAIM TYPE] on [DATE], seeking [RELIEF AND AMOUNT].
2. The court record shows service by [METHOD] on [DATE] at [ADDRESS]. Defendant's account of service and notice is [FACTS, PERSONS, AND RECORDS].
3. The clerk entered a default on [DATE / NONE]. The court or clerk entered the final judgment on [DATE / NONE], awarding [AMOUNT AND OTHER RELIEF]. The challenged docket entry or order is [NUMBER].
4. Defendant first learned of the default or judgment on [DATE] from [SOURCE]. Defendant then [DATED STEPS TAKEN]. Any enforcement activity known to Defendant is [GARNISHMENT, LEVY, LIEN, OR NONE].
5. The selected rule's filing period runs from [TRIGGER] and ends [DATE]. This motion is timely under [EXACT AUTHORITY] because [CALCULATION AND FACTS, INCLUDING ANY APPLICABLE EXCEPTION].

2. Ground for relief

The governing court is [FEDERAL DISTRICT COURT / IDENTIFIED STATE COURT]. The selected ground is [EXACT RULE OR STATUTE AND SUBSECTION]. Its required showing is [ELEMENTS AND BURDEN ACTUALLY APPLICABLE]. Defendant asks the Court to find:

1. [ELEMENT OR GROUND] because [DATED FACT, FIRSTHAND SOURCE, AND EXHIBIT].
2. [ELEMENT OR GROUND] because [DATED FACT, FIRSTHAND SOURCE, AND EXHIBIT].
3. [ADDITIONAL ELEMENT, IF REQUIRED] because [DATED FACT AND EXHIBIT].

[IF THE CASE IS IN FEDERAL DISTRICT COURT: Identify separately whether Rule 55(c)'s good-cause route addresses an entry of default or Rule 60(b) addresses a final default judgment. If relying on Rule 60(b), state the selected subsection and Rule 60(c)(1) timing.]

[IF RELYING ON SERVICE OR PERSONAL JURISDICTION: Identify the applicable service rule, the required method, what happened, the actual record, and the authority connecting those facts to the requested relief. Lack of actual notice alone is not asserted to invalidate otherwise proper service.]

[IF RELYING ON MISTAKE, NEW EVIDENCE, FRAUD, SATISFACTION OR ANOTHER GROUND: State the exact facts, dates, and requirements of the selected rule. Remove unused grounds.]

3. Proposed response and prejudice, if required

Defendant's proposed response to the underlying claim is [IDENTIFY ATTACHED ANSWER OR RESPONSE / STATE WHY NONE IS REQUIRED]. The specific disputed issue is [CLAIM PARAGRAPH, PAYMENT, CONTRACT, IDENTITY, AMOUNT, OR OTHER FACTUAL BASIS] supported by [EXHIBIT]. If the selected court requires a defense showing, the showing is [EXPLAIN UNDER CURRENT AUTHORITY].

The effect of reopening on Plaintiff, including delay, lost evidence, and available mitigation, is [FACTUAL ACCOUNT]. Defendant requests the Court to consider [FACTS] under [APPLICABLE AUTHORITY, IF REQUIRED].

4. Separate interim relief, only if sought

[REMOVE THIS SECTION IF NO STAY OR OTHER INTERIM ORDER IS SOUGHT.]

Defendant separately asks under [EXACT RULE OR STATUTE] for [SPECIFIED STAY OR INTERIM ORDER]. The enforcement step is [WRIT, LEVY, GARNISHMENT, LIEN OR SCHEDULED ACTION] set for [DATE]. The supporting facts and exhibits are [________________________________]. Defendant requests [SCOPE, DURATION, NOTICE AND ANY REQUIRED SECURITY]. Filing this motion alone is not represented to suspend enforcement.

5. Requested order

Defendant asks the Court to:

1. Vacate [IDENTIFIED FINAL JUDGMENT OR ENTRY OF DEFAULT] under [SELECTED AUTHORITY];
2. [SET ASIDE THE RELATED DEFAULT / ACCEPT THE ATTACHED ANSWER / SET A RESPONSE DATE, IF AUTHORIZED];
3. [GRANT A SEPARATELY SUPPORTED INTERIM ORDER, IF SOUGHT]; and
4. Grant [OTHER SPECIFIC RELIEF SUPPORTED BY THE SELECTED RULE / NONE].

Dated: [__/__/____]
Signature: [________________________________]
Printed name and capacity: [DEFENDANT OR COUNSEL AND BAR NUMBER]
Address, phone and email: [________________________________]

Supporting declaration

I, [NAME], declare from personal knowledge:

1. I am [DEFENDANT OR OTHER WITNESS AND RELATION TO THE CASE].
2. My address and location during the claimed service period were [ADDRESS, DATES AND SUPPORT]. The facts I know about service and notice are [________________________________].
3. I learned of the default or judgment on [DATE] from [SOURCE] and acted as follows: [DATED EVENTS].
4. The facts supporting the selected ground for relief are [DETAILED FIRSTHAND ACCOUNT].
5. Exhibits [LETTERS] are [IDENTIFY EACH DOCUMENT, DATE AND SOURCE].
6. Other facts needed for the proposed response or interim relief are [________________________________ / NONE].

I declare [INSERT THE OATH OR DECLARATION FORM REQUIRED OR PERMITTED BY THIS COURT] that the foregoing is true.

Executed at: [CITY, STATE] on [__/__/____]
Signature: [________________________________]

Certificate of service

I certify that on [__/__/____], I served this motion and its attached [IDENTIFY DECLARATION, EXHIBITS, PROPOSED ORDER AND RESPONSE] on [NAME AND CAPACITY] by [METHOD AUTHORIZED BY CURRENT COURT RULE] at [ADDRESS OR APPROVED ELECTRONIC DESTINATION].

Signature: [________________________________]

Proposed order, if required by this court

On consideration of Defendant's motion, the supporting record, and [HEARING OR RESPONSE], the Court orders that [IDENTIFIED JUDGMENT / DEFAULT] is [VACATED / OTHER SPECIFIC DISPOSITION] under [AUTHORITY]. [RESPONSIVE PLEADING, STAY, HEARING OR OTHER TERMS ACTUALLY ORDERED].

Judge: [________________________________] Date: [__/__/____]