What must a defendant do to set aside a default judgment?

To set aside a default judgment, the defendant must make a notice of motion accompanied by a draft defense. This process is crucial because it allows the court to assess the validity of the original judgment and the defendant's reasons for failing to respond initially. By attaching a draft defense, the defendant demonstrates to the court what their response would have been had they not defaulted, which is essential for the court’s consideration. This approach ensures that the legal process is upheld fairly and that the defendant has the opportunity to present their case.

The requirement of a notice of motion is particularly vital, as it formally initiates the process of seeking relief from the judgment. This legal procedure also allows the plaintiff an opportunity to respond and maintain the integrity of judicial proceedings. Other actions, such as providing a copy of the previous judgment or proposing a settlement, do not fulfill the requirements set by the court for setting aside a default judgment. Additionally, filing a claim against the plaintiff isn’t a necessary step in this context and does not address the primary goal of challenging the default judgment itself.