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    kristy0622's Avatar
    kristy0622 Posts: 1, Reputation: 1
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    #1

    Jan 8, 2009, 12:37 PM
    Motion to set aside default judgement in California!
    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's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #2

    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's Avatar
    boozhie02 Posts: 1, Reputation: 1
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    #3

    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?
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