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View Full Version : Motion to set aside default judgement in California!


kristy0622
Jan 8, 2009, 12:37 PM
My husband sent me divorce papers, from San Diego. I live in Maryland & filed a response. However, my response & his default judgement passed each other in the mail. I need to now file a motion to set aside default judgement, but I can't seem to find the right form. Anyone know which form I can use! Thanks in advance!:confused:

cadillac59
Jan 10, 2009, 03:09 PM
Sorry, there is no specific form to file a motion to set aside default judgment.

You have to use the usual form (Order to Show Cause, with Application for Order and Supporting Declaration) to request a set aside. Check off the box "Other" on the OSC and write in below, "Set Aside Default". I doubt a default judgment was entered that fast, probably just a default. File this with the clerks with 2 copies to take back, pay the $40 fee and they'll set it for hearing. Have someone over 18 mail service the OSC.

boozhie02
May 14, 2012, 01:35 PM
I have a default in my case, He file the default after I file OSC for child, spousal, lawyer fee and military pay. I just want to know do I have to file for motion to set aside judgment?