What is required to satisfy and have withdrawn a default judgment?
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What is required to satisfy and have withdrawn a default judgment?
Can a stipulation be filed where both parties agree to a resolution and have the judgment withdrawn?
Asked on February 27, 2012 under Family Law, Colorado
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, the parties can stipulate to have the default judgment withdrawn.
Another alternative would be for the party against whom the default was entered to file a motion to set aside the default. If the court grants the motion to set aside the default, the case is then back on track and litigation will continue.
It would be easier for both parties to stipulate that the default judgment is withdrawn because if one party files a motion to set aside the default, the court may or may not grant the motion. If the motion to set aside the default is denied, the default judgment remains and the party against whom the default was entered has then lost the case.
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