How was judgment entered?
Review the claim, proof of service, defense deadline, and motion on which judgment was based. Defective service raises a different issue from a claim that was received but not addressed.
Setting aside as of right or in the court's discretion
A material procedural defect may support setting aside as of right. Otherwise, the court examines matters including the reason for default and the apparent merits of the defense.
Present the defense itself
A general assertion that the claim is wrong is insufficient. Identify disputed facts, supporting documents, and what may change if the matter is heard on its merits.
Do not delay
Document when the judgment became known and immediately determine the filing period. If enforcement has begun, a stay of execution or enforcement may also be required.
Concluding point
An effective motion connects the manner in which judgment was entered with a concrete defense warranting adjudication.
Principal legal sources
- Civil Procedure Regulations, 5779-2018.
- Courts Law [Consolidated Version], 5744-1984.