Setting Aside a Default Judgment
Allen frequently gets requests from people to represent them in taking steps to set aside a default judgment that has been entered against them. In order to successfully set aside a default judgment, one must meet a three part test. You have to:
- Explain away the default: – in other words, explain the reason that you did not file a defence to the Plaintiff’s Claim in the time that was allotted for you to do so;
- Act promptly: – you must bring a motion to set aside the default judgment in a timely manner upon becoming aware of the judgment;
- Have a meritorious defence: – you have to have a valid and legitimate defence to the Plaintiff’s Claim.
If you meet the three part test, then a motion to set aside a default judgment should succeed.
For more information and advice that will be geared towards your specific circumstances, contact Allen Perlman to arrange for a consultation.
The above article is as it relates to small claims court only and is not intended to be used as legal advice or to replace the need for seeking legal advice as each case is different and turns on its own specific circumstances and merit.