How to cancel a default judgment

To cancel the correspondence decision of the court to make a statement to the courtthat issued the decision. The statement must outline the facts which could be provided by defendant and could affect the decision of the court in that case, if the defendant was personally present at the hearing. You should also indicate reasons that prevented the defendant to be present at the hearing, which adopted the decision.

Support all your assertions with references to the relevant articles of the code or provisions of other regulatory legal acts. Specify how your rights have been violated. The court is obliged to respond to the statement. In the case of recognition of your argument substantiated by correspondence of the decision of the court is abolished, the proceedings will resume.

The need for cancellation of a default judgment often suggests that procedural deadlines for appeal in cassation was skipped. Therefore, together with the petition for cancellation of the decision in absentia the court must ask the court for the restoration of missed deadlines. To do this, write a letter to the judge, in whose production is the case, indicating the reasons for missed procedural deadline set by law to appeal against the decision of the court.

Remember that the court only considers valid reasons. Do not refer to facts that do not matter to the court and on the facts, not playing any role for making another decision in your case. Possibly beef up your word documents. If a subpoena is presented to you after the hearing was held, attach it to the application (on the agenda must always be the delivery date). If you were on the hospital treatment for serious illness – submit a certificate from a medical institution.